The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-19
5lMAJ. ANDERSON I.
|. f. or \ THE S tate.
Corporation Commission 7 axes
s5 Two-C Cent Rate Bill Und r
Advisefnent After Bill q
Il liant Arg gurnent by
& Counsel y; + Earl :
Decision. 9$s.s S5s3I3

Argued for six q hours II sterday tSsiby
brilliant counsel X on botl sides; 1e3
schurchnan two-cent passeil gt:r ra & to bill
IS now in the Il breast Of the Corptorll- or:
stion4 Commission, and ia decision as AZ 20
Its congtl ltutloflalityf Is expcct 5 Ia al
few days. Tho commission took the mat "a y
,tergunder I'D visement when Sfornie q sena--5
tor w liam 3. Mel lwaine had concluded ! q
his second speech inst tho bill about
Se O'Clock # ana Judge cruInp3 asked II
5couDsed desired to file any briefs.
Attorney General Anderson handed 4 in
one on betalf OF the statA and Mr.. Nell
5waine said he could prepare his for the
company il few days l,'. Judge crump ~ 2
asked that tho paper be gotten in by
10 morrow, ns the commlsato on desired TO-
rendtT$ q decision as coon as practicable
This Waa taken to mean that m early
opinion may be expected. & ". sSs 81 5ss
III The style OF the case Is the Common
wealth OF Virginia and others VS.. the
Atlantic Coast. Limo aid others. sand MI
Involves tho constitut ionnlit OF q bill;
known as tho Churciitnan act. equirins
railroad companies in Virginia to keep
on sale all stations mileage books o
uIIU " 6SliGIt!StA
at tho rate OF two cents per nlite.
This Is d test case, and, while no one!
1 IS authorized to speak for the nteres's;
involved, It lis pretty certain y that the
decision OF the commission will tja flnnl.2
a cltizen. .of Henrico coun ty nnmed Had
don applied to the local agent OF the
Atlantic Coast Line hero for two 5oO-mlle.
& books and offered in payment two $40
bills. fS,sss. ~ ias u
Application Refused.
\ M 4 Tho application was rel FUSED and \ the
fact ssrepOrted n to Il the Attorncy- General,
who Y instl lttted the n proc ceedlngs before
sthe cornmis Ion. .5Ssis Il When the case was
called ycsterda y there were several prom
linen NraiIroad Il lawyers present. Among;
those not In the &casos was Hon. FL. ssT.
sypickham. i OF the Chesapeake and Ohio
I though he did not remain a great while
n K Former sanat tor lillian b. McIlwaineG
appeared for the company, and Attorney;
General a Anderson for tho State. Hon.
Alex. Hamilton. OF Petersburg, vice.
president and general attorney for the
road was present. but took no active
spartfin the case. is 81, l ASA
The first move was the Offering OF a
demurrer to the bill BY Mr.. Mc1lwaine,,
and In this he named six grounds. +. all OF
which&ar full y set out below: Mr. NJ c.
1lWaine then led on In strong effort;
tngufnst the constitutlonality OF the net,
and he was followed by Major And derson,,
who earnestly contended that 1t was
valid. is5 ~ d IL Il V X t
n Mr., Mc1lwaine had the closing OF the
case, but he did not consume a. great
deal Of time in his second speech The
distinguished lawyers both made fine i'm,
tpressions. and they were extremely cour-;
tcous and Complimentary to- one another
Demurrer Filed
The commission convened i at Al II :SO
O'Clock, and after Chairman Crump had
stated the object OF the session, Mr. Me-
lIlwalne. on behalf OF the defendant com
5pany, offered and read q lengthy demup-3
grer, which was ordered hled. w f 81 XII K IL s3
The demurrer sets out: AB83 81 58lss3 $
!. That the oct OF the General Assembly np-}
the Sa
Of section is OF the State Constitution.
], That the AZ is unconstltut because
Constitution the Legislature having no power
section vestIng in the State CORPORATION Com.
misslon4of Virginia, authority to f'x trat tes Tor
eIact tho said statute approved Mhrch 10 !9o8:
4 8. That the said act Is unreasonable In that
It rsqulres the keeping. on hand at; each station
e. mosE of ~ nnts
and uncertain in Its terms a!s to- be null and
a l.. Tho said act OF thet General Assembly Of
xrSni Msss in
this. that It depriyes this demurFant 4 OF 4 lts
Continued on Ninth Pagc.)