Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1906-11-23
COURT OF APPEALS.

tue mO3t general lutcfc5t - AHe' - 80
Commonwealth of Virginia vs.. the At
lsntic Coast Line Rsilr )sd Company,
commonly spoken Of as the tSo-csnt rate
case
Judge Csrdwell delivered the opinion
Of the court which afIirms the decision
Of the State Corporation Commission,
holding that the act OF the Legislature
requiring railroad companies to keep on
sale mileage books Of 500 miles and over
at charge of not more than two cents
mile is in conflict with the fourteenth
amendment of the constitution OF The
United States.
The opinion of the court adopts the
greater part of the opinion OF the Corpo-
ration Commission as its own, and fully
sustains the view taken by that body,
thst the case is controlled BY decision
of the United States Supreme Court, in
Railway Company We. Smith, referred to
as the michigan case"
After quoting from the opinion OF the
Corporation Commission, the court re-
views the cases relied on by the Com
monwealth, as overrnling the decision 10
the Michigan case. and the contentious
made by the attorney general in refer
ence to the dissimilsriiy Of the Michigan
and the Virginia statutes, aud reaches
the conclusion, as did the Corporation
| Commission, that the decision in the
Michigan case is conclusive upon 1t on
the question OF the constiIutionally oil
the statute under consideration.
It is said that the provisions of the
two statutes are practically the same and
the reasoning for holding the one q
violation of the provisions of the four
tenth amendment applies as we'll to the
others that clearly the dominant idea
running through the opinion in The
Michigan case was that the statute was
class legislation aud not for the benefit
of the whole people, and, therefore, The
same judgment would have been rem
dered had the Michigan legislature moi
fixed q maximum scale oil passenger
rates
The following were among the opinions
handed down yesterday BY the Court o
Appeals;
BY James Keith, president.
Herring W. Wilton. Circuit C0hr
OF Rockingham county. AFFIRMED,
Hot Springs Lumber and Manufacture
ing Company W. Revercomb. Circuit
Court OF Bath county. Reversed.
Duke We, Norfolk and Western Rail
way Company. Circuit Court of War
rem county. Reversed.
By Judge K. II. Cardwell:
Commonwealth of Virginia at rel,
&c. vs.. Atlantic Coast Line Railroad
Company. State Corporation Commits
sion. Affirmed
Wayt va. Glasgow Corporation Cour
of city OF Stsunton Affirmed.
Shenandoah Land and Anthracite
Coal Company va. Clarke. Circuit Court
of Augusta county. Affirmed.
Norfolk and Western Railway Com
pany w. McDonslrs administrators.
Circuit Court OF Clarke county. Re
sersed
Blacks administrator vs. Virgins
Portland Cement Company Circui'
Court Of Augusta county, Reversed.
Sip. general receiver, &c, W. Tsy
lor, &c Circuit Court of Rockingha
county. Reversed.
BY Judge George NJ. Harrison:
Blue Ridge Light aud Power Com
pany va. Tutwiler. Circuit Court of Au.
gusta county-Reyersed.
Lane Brothers Company vs.. Seakford.
Circuit Court of Albemsrle county. AT
frmed.
Lowmoor Iron Company vs. Ii
Bianca's administrator. Circuit Court o
Craig county. Affirmed.
The following we're among the petit
lions for appeals &c.
Knights OF Columbus VS.. Burroughs
Corporation Court of city OF Alexandria
Writ OF error and supersedeas. Bond
81, 500.
Southern Railway Company w. Hans
brougb's Administrative. Circuit Cour
OF city OF Alexandria. Writ of error anC
supersedes. Bond Sll, 900
The proceedings Of the court yesier
day were:
j. Thompson Brown, receiver &c, va
Howard and Whitehead, trustees. Ar
gued and submitted.
Smiley ct ala. We, Provident Life ant
Trust Company of Philadelphia Ar
gued and submitted.
Bing ct ale. vs.. Burruss ct ale, anC
Massey's administrative va. Southern
Railway Company. Passed to the Jan
uary term.
Next cases to be called:
j. NJ. Echols Company Va. Town o
Madison Heights, appellant, and others
etc.
County of Henrico ve City of Rich
mond, Norfolk and Western Railway
Company We. Lynchburg Cotton Mil
C)mpany, same IS. Schein, and Frs
National Bank W. The Trigg Company
btiag ali the cases now On the privileged
docket
Proceedings of the Court of Appeal
Wednesday:
Trout ct ala. We Pratt, &c. Argues
and submitted.
Williams vs.. Virginia State Insurance
Company. Argued and submitted.
| DeWiu's Little Early Risers. About tn
most reliable pill OF the market. Sold by w
| F. Creighton & Co., 40l King street.
| Explosion at Norfolk.
| Twenty eight eases, containing 10, OO'