The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-18
Derl11[lulr[.rl.eer55 ~ r. !. & OVerrhled.S B

.llA Judge Hot's opini on conci19 4;
and to The point, over rules the De dgl en-
;dant' counts ~ t sns'
tains It on the - round 1ust dlscrilm1.i
sn nat Ion. The opinion recitesS assages from
the Churchni an Bill, the
:eted THE motto for con tinuance andfSSS
'denia lS az n sa arr,e, and the hearing upon n
demurrer ana mot lon to Sa, 88@
S8i he first two exceDti ions are unlmSsS
portan I. n third sect ton Of Judg
Holt' opinion fol lows is;
Stler| said thnt Sprase rthe Eataa
Invested il by tbs sta tes Constit ions
Sciusiyaly the Sta ts Cor
mission, ana q hat attempt 81.
Legisl atnre to exerc else atliis fMnot
8unconsti ituttonal and vb
Ra te-n,aking power is one that al;t 81
naturally the iona In Of the Les tssa
nature. as indeed does AL he 8$la W.
max "a power OF the sta te, and the pressl
sumpti ion Is that sue po SYers cor tlnulls 81
$unt their absence IA made to- a ffir,ma.S
lively appear Mr. Cooley, quot 8 with
approval from o. N eWs y ork case msays;sI 90
iIndee q, NJ Il is difficult upon an Vii gen
principle to limit the Somn otence Of hsS
sovereign legislat tive Il po wer judi
lnterposition except so far as the 8expres
words RI OF II a 5s written const tion 8 gyses
that authority. Const. lin. 24o. ,,Es
legislative over. sss539
S35 here in our written 8Const tionS :E9
this power denied to the Leg stature
& 5..1f this legislative power Is O brog atedg
Sat i all, 1t Is by section 1856 S$ = n the Il
State Corpora tlon;@ Commits sion Sis yes
With power to pres ana lsS
said this authority OF The scommissls y! ol,:
Sub ject to review on appeal y herein
after provided, B to prescribe rates. charges
and a cassIftc tionS$of traffic 81 for trans
and 5 transmissl com pa n1eass
Shall he paramount hut its sant hority TO-
prescribe any her rul les, resulat IONS Or
requirements for corporate Ions 81 or q her
persons shall he subject to the superior "
authority OF the II General lf8 Assembly StoS
8legislate thereon by general la sys,
Not unless 'pnrnmou uni IAN gbe
astrued to mean exclusive y Is this POSI-
ton tenable, No dictionary SO defines ~ 4;
i .'The Century says that means 'su- -s
3preme superior In po Wer or jurisd lction S..
chief y, ana by way @ OF Illustrating u Is II
.nccura to use,s adds this quotation from
%Blackstone:3 THUS al 7 the y land & Of the
i Kingdom Is supposed to ~ be s holden
Emedlately or immediatel ~ QtS the King
who Is styled the Lord paraQ, Q,ount Or
above d II. S ssSas
z, while FOR thes same purpose, Webster
owe u aramount q |legtance to the Union..s q
a subordinate one to my own State i3S
Subordinat Power. 33;;lsssi u.
Indeed & so far from being a synonym H
i q. exclusive, III primarily suggests Gths
existence OF u ubord Innate power, nor are
the conditions which obtain here unusual
Municipal corporations re " ested with
Legislative power sui ject to the pa ra-s
mount power OF the Legislature. State Il
are permitted In many Instances to regy
iulate nterstat e commerce, subject to the II
paramount power of Federal legislat tion.iS
and so here the Legislature may pre-
scribe reasonable and proper regu la tlons
that must be enforced unit they are set Il
aside ssby the paramount power of the =
commission" .sa i II n y
q Section recltes that 1t has been
claimed the rates now In force have been iss
sppreiVed by the Corporation Commisson.s
but dlsclaims any knowledge OF such ap-sS
sproval, the claim being that the approYns
4 flows from acquiesence, This II states
cannot be true. 8 #
gs The concluding or sixth section OF the s
opinion rectesf the claim Of the defense,
that the legislation in question Violates
that part OF the Federal Constitution
which forbids the taking OF property with
out due process at law, and which qua an
Z tees to nll persons the equal protection n
OF the laws, # \, aSssk
Quoting from a parallel case from tha IS
Michigan courts, the opinion says that
\ this Legislation "assunes "a provide for Is
a DISCRIMINATION which operates IN axor #~ 4
4 OF tho wholesale buyer. leaving tho y fhers g
subject "a the general rule, ss Il
Fourteenth Amend dnent. X ID
4 The opinion concludes; - ther We y
as sent Ia this reasoning or not, II is so r.
Id nv 49,