The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-01
MAJOR ANDERSON
FILES AN IN A APPEAL ! 1.
$Two-C Cent Mileage Case to Be
Brought Before 8Supr.clne,
Court. 35a
PRESENTS :: WIS! HIS. HIS GROUNDS.
Says Churchn1an Act Does s' Not.
Encroach Upon Authority 81
NJ Commission. ..ss
PRESENTS H HIS 6 GROUNDS L, lI'II''
Saws Churchman Act Does Not

Attorney General Anderson yesterday
filed in the Court OF Appeals q petition
for an appeal for the Commonwealth from
the decision and order Of the State Cor
poration Commission In the two-cent
mileage case, which involves as IS chief
MONT the constltutionalityo OF the so-called
Churchman law. ;55 ~ 81 s .4ss n "
The grounds upon which the petition
Is based are presented very fully anu
will be relied upon as the opening BRIEF
for the Commonwealth.
These grounds presented In the petition
for sus tanning the OhurchHan act are
given succintly as follows:
/. That In requiring the railroad COM
panies to sell 5Oo-mle mileage books at
two cents y a mile until' the State Cor
poration Conn ission Y shall prescribe a
schedule OF rates for passenger Transport
the paramount cons ututional authority of
the commission to fix and prescribe such
rates. 4 IS. III
2. That the power of the Legislature
is supreme to legislate in all cases, ex
cept where Its power is limited BY the
State or Federal Constitution, and there
is nothing In either Constitution which
denies to the Legislature power to fix
such rates during the period when the
commission has failed or omitted to pre-
scribe rates. 5a4s ~
8. That the authority OF the commission
over this subject Is expressly made par
amount" and not exclusive. and that It
is no interference with the paramount
authority OF the commission for the Leg
islature to prescribe rate to be OBJ
served only lad Interim" until the com
mission shall take action and exercise
Its authority: that such legislative action
Is not an invasion Of the authority OF the
commission, or In conflict with 1t, for
there can. be no such conflict with an
authority which has not been exercised,
or until It shall be exercised. st
4. That the Churchman act is not in
contravention Of tho Constitution OF the
United States s4
The only grounds we'll established by
long line OF decisions OF the United
States Supreme Court upon which State
low prescribing rates for railroad COM
panies Is held to be In conflict with the
Federal Constitution are the following:
Id That the State law regulates or In
interferes with Interstate commerce.
~ That 1t Is confiscatory of the prop
eIty OF the railroad company.
S) That It denies The railroad company
due process OF law.
~ That 1t denies the railroad company
or others tho equal protection OF the
laws. E5
The Attorncy-General undertakes 10
show that the Churchman act does none
OF those things. He insists that there
Is no Federal question whatever presented
In the case,
He Ia forced to concede that In the
Michigan Southern and Lake Shore Rail-
way case decided In 1889 tho United
States Supreme Court held a Michigan
law which required the railroad com
panies OF that State to sell 100 mile
family mileage tickets was In violation
OF the United Staten Constitution and
void. but he points out various differences
between the Churchman act and tho
Michigan act, which distinguish tho Yir-
| 9ina mileage case from tho Michigan
| mileage case. and he presents a largo
array OF declsIons OF tho Supreme Court
OF the United States TO show that the
| Michigan case IL In conflict with the
principles as established by those cases.
a least one OF which was decided after
the Michigan case, with Which II Ia i'm
possible to reconcile hsSopinion Of Tho
majority OF the court In tho Michigan
case. ss
/ He therefore argues that tho Michigan
case does not rule the Virginia two-cent
| mileage CHG
Ihese are number OF other questions
raised IN Ihs pleadings and discussed in
'Ao peullon Tor an appeal. but the above
hie 'He 'nost Interesting and the moot I'm
porthnt points presented. "