The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-12-07

is said 10 be fully met by giving the
railroad companies notice 10 appear at a
specified time and place before an I'M
partial tribunal provided by law TO hear
and determine the matter in dispute. and
allowing them TO be represented by couu-
Sol. 20 examine and cross Xanine wit
nesses, produce legal evidence. etc. and
are further given an absolute right OK
appeal which is not part OF "due pro-
cess of law
AS 10 the legitimacy or the Corporation
Commission the court says. "That the
state has tho inherent power Of regllat-
ing and controlling public service corpo-
ialo!s operating within her borders and
oi prescribing the facilities and convent
euces which shall Ne furnished h, then,
is no longer am open question ia this coun-
"f. me gust regulation and control Of
sAD p companies has been a difficult prob
l"n for many wears. The virginia Srato
corporation Commission as created and
defined by Article MI Of tho Coustit,,-
uon was devised as a solution OF that
problem The cXiEenCies OF the situation
made II necessary that the commission
should be clothed to some extent with
-SisiauNe, executive and judicial flnc-
t'iiS. ana IN View 81 what has been said
ana IN the light OF the authorities cited.
we are Of opinion that the sections of
the state Constitution and the statutes
enacted i'm effectuation thereof fr,,,
"hl'n the state Corporation Commission
derives It's existence and its powers. ,io-
late no provision OF the Federal Consti-
tunon and are I'm conflict with no -r;,,
'iple essential TO the preservation OF lih-
'i'F- IL follows, therefore. that tho State
"-poraton Commission is a legitimate
and valid tribunal. with fun power 20 da-
t'rmine the subject matter OF controyers,.
presented by this proceeding
IT,, r O1
Thus it viii be seen that the highest
court ln the Commonwealth sustaius the
cohSunuonaiity Of the acts of the Cor
porauon commission. but IL reverses the
Judgment OF the commission In This mar
uoular case. Il was sought in tho MO-
/ ceeclngs before the commission 10 re-
quire the Winchester and Strasbure Rail
road company and the Baltimore and
Ohio Railroad Company. as its lessee
I'D comply with the terms OF the charter
OF the first named company ass modified
ana operate It's trains into the town OF
Sirasourg. The charter was granted tha
road IN 1867, and trains We're run into
Strasburs up TO the latter part Of 1Sqe
when they were discontinued and since.
then the citizens OF that town have made
several unsuccessful attempts to compel
the. companies TO resume operation
IAe court holds that the Baltimore and
ONO Railroad Company. as lessee has
undertaken 20 carry out and perform the
pubic legal obligations Of the NVinchcs-
Ter and StraSburg Ra5roas COMPANY
ana u.s. therefore legally bound 10 do so.
tnat the obligation imposed by the modi
fled charter was accented bv tbo CON,
panies. and they cannot now be permitted
10 disregard that obligation because they
IND IL onerous or Improbable. and thar
the denying of writ OF ulandarnus by
the supreme Court ia 1897. by which il
WIS attempted 10 compel the companies
20 make provision for running their
trains TO Strasburg. was not such
Judgment as concludes further INQUIRY
ass 90 the grounds on which the writ Wa.
sought The conclusion reached by tho
Corporation Commission, that the com
paileS are bound to run their trains into
SuaSnurg. IS held TO be free from error
but that the form Of order WIS erroneous
As 70 affected the rights of the Southern
I-ai.way Company. when II had not been
mace q party 10 the Proceedings. Il is
TURNER held 10 have been error 70 r.-
anire the companies to adopt the mode
provided oy the amendment OF 1877 tn
ihe cna1 ter as means OF reaching
0i.-1snufe. IL IS said that they have "A
'n'.ce OF Two methods that pro,i<ed Lv
! the arH endment OF 1877. and that r.ro-
I Nided by the original charter OF 1857.
/ and that the order should hava r.,1ilrod
! tne companies TO run their trains 10 the
/ depot az Cation Crossing ia the town Of
/ Strrsourg. within given time, leaving
/ them 20 determine which Of the two ways
/ mentioned they would adopt
Tire opinion was written by Judge
/ HARRISON and concurred 81 by judge
! Keith
Insurance Case.
an Interesting opinion in an insurance
was prepared oy Judge Harrison
and is also ~ local interest IL ia the