The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-07-19
ARE RAILROADS OUTLAWS?

According to an article which ap-
ceeared in The Times-Dispatoh ON Sun
day, and was based on a statement OF
a high official the public is very much
vexasperated with the railroads and
purposes to exact severe reprisais be-
cause the railroads appealed from the
opinion of the corporation commission
to the federal courts This sort OF
threat does not make nor good laws or
for good citizenship. The railroads
are citizens of Virginia, and OF the
United States as well. They are en-
titled to seek the protection OF any
duly constituted court of competent
jurisdiction whenever in their opinion
such court will safeguard their jeopar-
died rights.
1t is true that the usual method of
appeal from the decision of the corpo-'
ration commission would be the SUI
preme court Of Virginia and then the
supreme court of the United States.
This was the course which the vir-
ginia constitution intended to be fol-
lowed, and this is the course which
the railroads, it seems, would natur-
ally have taken in this instance. But
without passing upon the wisdom of
the course they did pursue, it is clear
that they had the righr TO appeal to the
FEDERAL courts on the ground hat their
rights under the United States con-
stitution were impaired. n it should
be borne il mind that there is but a
short step between upbraiding a cit
iZen for using his legal rights on the
ground that his action y contumaciOus
and arrogant, to denying him all legal
rights whatsoever.
In this connection 1t may be noted
that The NeWs-LeadeI on the 18th in
stan said ~edituIiGl!S: at must be re-
membered that in the proceedings CT
the United States courts the railways
do not say that the r=te fixed by the
corporation commission is unjust or
injurious to them. They have secur-
ed indefinite delay on a technical point
of law on the claim that the corpora
IHo W NIN 11Shl vi
the authority, to fix the rates and n
force them"
Our contemporary is clearly in error
in this matter, as it might hav per-
fecuy we'll determined had il taken
the trouble to follow the reports in
the trial at Asheville, IN that the de-
cisiOn to argue solely rne question of
the jurisdiction on the part of the
3. I'LL at AshevilIe was the result of an
agreement made by the state and the
railroads lawyers, and if there is any
odium attached to such an action it
should be equally divided between all
the counsel of the state and of the rail-
roads. AS a matter On fact, the action
of the state Of Virginia, through it's
counsel in eliminating every question
but the jurisdiction of the United
States circuit court OF appeals for this
district was eminently wise.
1t would have involved a very large
expense, as we'll as would have re-
CURED a period Of some years, per-
i. haps as many as three, t have liti-
gated and determined all the questions
which could have beea brought be-
fore the United States court had no
limitation for points of argument been
agreed upon. As it is, Judge Pritch-
ards ruling leaves a short method for
determining the real points at issue.
The injunction granted by Judge
: Pritchard will be made perpetual, and
an appeal will lie to the United States !
supreme court. If that court sustains |
the finding OF the circuit court of ap- |
peals the corporation commission will |
hen be able tG make a new rate vary ;
ing no matter how slightly from two |
cents, provided it is above two cents, |
and this case in the event that it
is taken to the United States courts, !
can be argued on it's merits, or the
state, if it sees Fl, through the legis-
lature, may pass a two cent bill, and
may adopt the expedient Of making it
a criminal offense 40 to sell txo cent
tickets.
The result of this course OF action
'"OCIu De Lh2C no k2ner3l injunction !
could be issued by the federal or state
courts, but each case would have to
he tried upon its meriss, whenever any
ticket agent or railroad official yas
indicted for failing to sell the tickets
at the price required 10Y act of tie
legislature. Throughout 1he whole dis
cusslon, however, the legislature vial
douptless not overlook The fact that
even the legislatures cannot makel
rates uat the courts hold to be rea-
sonable, and the threat of a two-cent |
bill by the legislature by 40 means
implies that the courts cannst prevent
such q law being executed IL Ii is in