Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-07-29
SCORES JUDGE
PR|CHARD AS
USURPER
GOVERNOR OF VIRGINIA
DEN0UNCES INJUNCTION
Federal Court Order Directed
Against State Railroad Com
mission Pronounced an Out
rage on Popular Government
my Morning Journal special Leased Wire

Richmond. Va, July 2s.-The Times
Dispatch in an interview today with
Governor swanson, Of Virginia, gives
his position regarding the railroad
rate situation IN the state. The gov
ernor saws the case in Virginia Is dif-
feront from that in North Carolina,
as no law establishing rates IN this
state has yet been perfected. The
governor says that under an i%njunc-
ton BY Judge Pritchard the corpora
ton commission was prevented from
perfecting an act fixing the rate and
that thus there ~ no two-ccnt law in
Virginia today. Under the constitution,
said Governor swanson. in order for
the commission to fix "a rate, IL must
take three necessary steps, viz. Give
notice 10 The transportation companies
To appear. Second, give a hearing
and enter an order, Third, publish
the order four weeks before ~ can
take effect.
The order Of Judge Pritchard In the
Virginia ease Is outrageous, says Gov
ernor swanson. He says the kin
of a date by the corporation commits
sion Is a legislative act. and yet he
restrained this legislative body IN VIZ
ginia from doing what Is absolutely
necessary to complete an act OF legis-
Iation under our Law The corpora
ton commission Is paramount 20 the
general assembly or house I'm fixing
rates. II Judge Pritchard can enjoin
the corporation commission from per
forming its duties IN fixing a rate and
completing It he can enioin the leg
islalure. he can cnioin congress from
passing laws until he has examined
and asoertaiued whether they are, In
his Judgment. just and constitutional.
III this rule or order OF his is per
mitted and sustained, Il means the de-
struction Of legislative bodies and
means that they shall become sub
iect to the courts. II means the de-
~struction OF the very foundations Of
free institutions.
Il have favored and Will continue
10 favor the policy of ignoring this
order Of Judge Pritchard prohibiting
tho corporation commission from pub
fishing their order as required by the
constitution and for the publication TO
proceed. and the act TO be completed
~ REQUIRED by our constitution.
"Tn aoauleace Ina abe action of a
federal Judge I'm arrosting the cxccu-
tive body of a state I'm their processes
Of onacting legislation Is to acquiescc
in the destruction Of state sovereignty
and M free institutions. This order
Of Judge prttchard makes the VIZ
ginia ease broader and far more Inn
portant THAI any question of passen-
ger rates.
'orho members Of the corporation
commission are prepared n Wiling
to proceed with publication or do any
thinr else that j. necessary 20 vindi-
cate their rights or to attain the pur-
poses desired. The delay in action
has been to enable counsel To look
into the matter thoroughly and to
reach q definite conclusion as to what
they think the best and most advan-
tageous course for the state To pursue.
Ute rights and dignity of the
state VIII be- maintained Ca the fullest
eNtct g When tho tWo-ccnt rate is
perfc tod by publication and becomes
nper tive IN the state. u e. my purpose
10 So that II Is enforced, ana TO do
This 7 shall exercise all the powers
pusst ssed by me as governor