The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-24
He who can at all. times sacrifice
pleasure to duty approaches sublralty.
-Lovater.
Rate Making in Virginia.

A correspondent requests us to advise
him concerning rthe status OF the two
cent rate bill passed by the last Legisla-
ture.
We suppose he refers to the Churchman
act which requires the railroads to sell
200 and 1000 mile tickets at the rate OF
two-cents a mile. We have already cx-
pressed our opinion Of the net and that
1t is not worth the paper 1t is written
upon. as tho Constitution confers the
rate-making power exclusively upon the
State Corporation Commission. Nor can
there be any doubt that the Constitutional
Convention designed to take this power
from the Legislature and confer 1t upon
the Corporation Commission. The ques-
ton was freely and fully discussed at the
time and 1t was contended that as the
Legislature had for many years had the
power to regulate rates and had failed
to do so. the rate making power should
be vested in the Corporation Commission
whose special duty and business 1t should
DO to regulate the railroads. 1t is a little
singular that the Legislature should have
failed year after year to exercise its
function, when possessed of It, and that
1t should have undertaken to exercise it
as soon as 1t was taken away. Be that
as 1t may, teh fact Is that the Church,
man act is nothing more than advisory"
and has the force only of the Booker
resolution afterwards passed requesting
the Corporation Commission to establish
over all the roads in Virginia. The adop-
ton OF this resolution subsequently to
the passage OF the Churchman bill shows
that the members of the General Assem-
bly, knew that the power to make rates
belonged exclusively to the commission.
Therefore, the Churchman act and the
Booker resolution are to be regarded, and
we're probably intended to be, merely as
mn expression of the popular will.
But 1t must be remembered that nero
expression of the popular will In case
like this, where vested rights are in
VOWED is not law. and not mandate.
II mandate 1t be, which the Corporation
=
Commission Is compelled to obey. The
Corporation Commission has the powers
and authority OF court OF record" and
It's decisions are subject to review by tho
Supreme Court Of Appeals, as are the
decisions of other courts. 1t is expressly
SO provided In the Constitution itself. In
making and enforcing railroad rate,
the Corporation Commission must con-
slider the equities regardless of any enact
ment of the Legislature. 1t must con-
slider what is g reasonable rate as the
ccurts have defined 1t to be. II 1t should
attempt to establish any other rate. the
railroads would appeal and the Court ~.
Appeals would upon granting the appeal
award a writ of superseadeas suspending
the operation OF the action appealed from
until the final disposition of the appeal.
This is now a question of debate in
Congress-. Int there is no question about
It in Virginia law. Our Constitution Is
az clear as MONDAY on the subject.
We do not know what the railroads
will do with the Churchman act. They
may decide to put the two-cent 800 and
1905 mile tickets on sale. If so. nobody
would object.
They have a perfect right to comply
with the wishes of the people and they
may deem it expedient to do so without
further ado. But they cannot he made
to do SO. until the Corporation Commits
sion has issued orders, and even then
they have the right Of appeal to the
highest court in the state. We do not
know what course will BIO pursued either
by the railroads or the commission.
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