The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-23
PONERS8SHQULD
BER|:|.E|::S [ } l
Senator Thomas Sights Grave III
Evils as Result ofIisupreine
Courts Ifoldii1g 5ss.
LEe LEGISLATURE CAN r {: \ !::.I y
The Corporation, Commission 1881 SIT
s.5Would Be Crippled s1fsIt8 Could ll5:
Not8Appoint Bureau Q fficials.

] (spoc,ul q r,he Times. s ss,aAoh)

.
E (spoc,ul to T,he Times DiS,aAch.) v Il
1JYN CHBtrKG b AZ, August 22--statc
Senator a. II. ThomasDs OF Campbell
county, who s general rega r ,1tet as one
| OF tho most far-seoing members OF the
General Assembly, has given out an lr-
ltervIew haro IN which ho points out tho
lIcondition tInt%f be the result OF the
recently holding Of the Supreme Court Of
| Appeals In the case OF Com
miss loncr b ton against tho State Cor
| roration Commission, unless the trouble, S
as lie secs II, are remedled by the next
General Assent u s5{ a sS
Seilat or Thomas aays:as 459 SIS 8 Hi
1.-THE question between tho Corporation
Commission and III Commlss loner n But ton
hns been settled by the Court OF Appeals.F;
Its decision Is tho law, and as such all 4
must respect It. The General "A Assembly
innd the Cogl,rat tom Commission stand
on equal ground both being the creatures
.of$ the Constitutional Con yentioti, \ except
Hin those particulars In which the I cof-s.a
vention made d difference In the powers
l{asslgned thoiri. Having created the Cen
oral Assembly, It wns clothed with full8
power, except IN SO far as n the Federal
Constitution md the inibtlons OF the
convention limited It. Tho convention
created the Corporation Commission and
gave 1t certain powers, some ofi when
are paramount, even ia 70 &tnoso So1 lAio
General Assembly Itself. \ sslt3 u d S5F
The nstftution, ton 31b5, says!'
" 1.-THE commission shall annually elect
one Of their members chairman OF the
same. and shall have ono u clerk. !. ono
|3bniliff, ana such other clerks, assis tan IT,
/ and subord[nates as may be provid led i De
IElaw, all of whom shall DO appointed and
I4subject to removal by the comthission.'S1
in the same section Isl provided that the
Istlenerat A ssefnbly may establish within
1.-the department, and subject to tho super
I2vIHlon and control OF i the commission
subordinate. divisions, or bureaus, OF In
surance, banking, or other special
Ebranches Of the business Of that depart
Ement'", ms u Y " M
II Section 1866 CA says:S S8 t$5
"Sub1ect to the provisions OF the Con-
l9stitution$ and to such requrements,r rules
md regulations as may be prcscrib ed by
law, tho State Corporation Commission.
shall be the department or government
through which shall be ISSUED MI char
tiers and amendments or extensions there
lgof, for domestic corporntlons. and all
licenses to do business In this State to-
foreign corporntions;Snnd through which.
shall be carried out all the provisioh of
this Constitution, and OF tho laws made In
pursuance thereof, for the creation. visi-l
l8tatioi. supervision. regulat ton and con-
VI
doing business In this State.nsEs
~ Il seems to be clear that tho spirit and
| the letter of the Constitution aimed mt
| the following objects; & First to crea te q:
l&cOmnisBlon Sfors the purpose of creating
and regulating scorporati lions doing bust
ness In the State; seaord, 10 adopt the
lSprlnclple ofS.undivded responsible lty--that
lis, to- give the commission full power to
appoint and to discharge all OF Its subor-s
4 Il t
strict accountability for results. /
4 1.-THE General Assembly may establish
within the department and subject to the
supervision and conrol of the commission
Isul1ordinate divisions, or bureaus. Of A.
surance, banking or N other. special
branches Of the business Of that depart
liment," would clearly scent to imply that
these Establishments were subordinate to
1.-The commission, and. a X so, their off,
and section 155 expressly provided that
Sall such shall be appointed, and subject
to removal by the mission
Chapter l12, Acts 1906 provides that
| the Commissioner OF Insurance shall be
elected by the General Assembly and
that he shall appoint, with power to dis
charge at will. v his deputy and shall an
point Ills clerical force, who, for nught
! In the law to the contrary, may hold
1
1 The State Corporation. a Commission is
poWerless, from the Commissioners Of
Insurance to the 1anitor to make any
change In the officers and employees OF
/ tho Bureau of Insurance, except that Y
\ ma y8remove the commissioner or his den-
suty for gmlsfeasance or NAL feasance and
| since neglect to IS perform constitutes
neither m!sfeasance nor nal easanc the
4 Commissioner Of Insurance might neg
|Slect all duties and the state Corpora
1 ton Commission would have no power
4 to remedy the matter. r. the. General
Assenlbly, Iii establishing the Bureau OF
Insurance, has power to dvest the Cor
porationS Commission OF the power 70
appoint tho officers and clerks, i has,
under the sace provision OF the consttu-
4 ton, the power to classify the branches
4 Of tho work t ODE done by the Corpora
ton Commission and establish q Bureau
Of Railroads, Bureau OF Banking.
Bureau of public Service Corporations,
4 and mako their officers elective by the
! General Assembly and tho deputies and
1 clerks appointive BY the heads Of tho
bureaus. and thus, by a system Of sub
/ stitutIon. dlvest the three commissioners
OF the power essential to give eihcl lal
4 service. ~ 81 # i3t ~ s55 IL 3Isl !,
A ID In this case their most arduous tasl;
4 would ibo to learn how to preserve Dig
4 nifty without power. The result Of such
1 policy on the part Of h the General As
aembly would likely be to I'll the COM ,ll
i omission with politicians, who would
provo most efficient in drawing salaries
4 and schemng to hold their Jobs.
son what theory can the people Of I, "
4 ggInia hold the State Corporation Cons
mission responsible for efficient service y
when tho Legislature has DESTROYED ai J. :
power to control the selection o. \ l 4
agents? Tho Commission has q great
Work before i I, and It would be nothing I.
less than a public calamity to fett 9 7 y :
4 50 that it could not fully carry op 81 sts !
/. high commission. The remedy rests
With tho Legislature. The next cseneral
\ Assembly should amend tho lazy 20 g. 9, o.
to put IN the hands Of the commission la
4 tie power TO appoint and 70 discharge
4 all all ottlcors and employees OF the bureau
insurance q any 9thas sbe npFeI Ip
aadI Hon the Corporation Commission 1t
s self should 10 made elective by the PEG PEG
ple Assembly EN-, ' ,, l ts,s
II tt.s...,, 10 . fl,aan granted. II the COnlmIS-