The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-12-29
rate CASES co TO
SUPREME COURT NOW.
Declares Action Of Corporation
Commission Was Uncon-
stitutional.
FINAL DEGREES ARE ENTERED
adverse Opinion No Surprise to
State Officials-To Push Mat
ter to Higher Court.

Another Important step toward the
final adjudication Of the Virginia pas
senger rate cases by the United States
Supreme Court was taken yesterday.
when Judge letter c. Pritchard. OF the
United states Circuit Court for the
Fourth Circuit, sent his final decree
10 Clerk Joseph r. Brady for entry
here.
Judge Pritchard's opinion. which
favors the contentious OF the railroad
companies, was received here without
surprise, as 1t has been known all
along that he would decide against the
right Of :he State Corporation Commits
son to fix and promulgate passenger
rates The decree entered here yes
terday holds that the order OF the
. commission. which was entered April
-. 1907 and which gave notice of a
2-cent rate. violates the United states
Constitution. The court therefore or
ders that the interlccutory Injunction
granted July 10, 1907. be made per-
potual. and that the commission be
permanently prohibited from publish
ing its general order with respect to
passenger rates. The demurrer filed
by the commission is overruled. as are
also the joint and several pleas Of
res adjudicata. The bill OF complaint
filed by the railroads is sustained and
taken as confessed. the commission not
aaNlnS made. q general deIcnSc.
4 second decree is entered, allowing
an appeal to the higher tribunal. and
sucli complainant railroad company is
ceuuired to give bond in the sum OF
$1,000 to secure the court costs, etc.
Gees to Higher Court.
The style of the proceedings now
out Of the hands of the circuit Judge
Is the Southern Railway, the Atlantic
Coast Line Railway Company. the
sT,.syn IT, MI. n, r.
pany, the Norfolk and Western Rail-
way Company, the Louisville and Nash
vile Hallway Company and the Ches-
apeake and Western Railway Com
pany VS.. 1t. r. Prentis Substitute de.
fendant for Beverly T. Crump). H. c.
stuart and Joseph u. Willard indi-
Nidually, and as constituting the Vir-
glnia State Corporation Commission
In view of an agreement entered into
by the railroad companies and the
state. the decision of Judge Pritchard
whatever 1t might have been, was not
10 be final. but the losing side was
20 appeal the matter at once to thu
supreme Court OF the United States
Tho proceedings In the lower court
therefore, were taken only IN orde'
20 get the matter properly and legally
before the tribunal OF last resort
where both sides will move with as
much expedition as possible for fina
hearing.
Meanwhile the companies are under
an agreement to give the pubic
twa-cent fare on all lines in Virginia
and il the State loses in the present
cases the agreement holds until 9th
eis are made up and tried on theil
merits. Attorney General Anderson
who is leading counsel for the Sta.t
in the rate cases. expressed no sufptls'
al the decision of Judge Pritchard.
He would not discuss the matter
noweyer. further than to say that tht
Eases would be taken up on appeal q!
soon as the record could be perfected.
Associated with Major Anderson or
behalf of the State are Hon. AleI
Caperton Braxton and Senator Jons
w Daniel a number of the aolest cor
poration lawyers IN this section VI ~
country will appear, for tho railroads.