The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-08-03
JOHNSON CALLS
IT CONF|SCATORY.
Norfolk and Western President
Says Virginia Roads Cannot
Stand It.
STATES RIGHTS IN NORTH.
Pennsylvania and Baltimore and
Ohio Seek Relief in State
Courts.
tsnecial 10 The .Times-pispatc Itch,

y Especial to The TtmeS-Dlspatch.ii
WASHINGTON, d. c., August a.
President l.. f. Johnson, Of the Nor
folk ana Western railroad, is in Wash
ington. and says that he believes that
beyond any question the railroads of
Virginia will be able to show to the
Supreme Court of the United States. as
welltas to the lower Federal courts.
that two cent rate will9not only fail
to yield that fair return on the invest
ment contemplated by the Constitutton,
but thatait will prove to be actually
confiscatory. He says that the rail-
roads have been driven to their present
course by the attitude Of the States.
In this connection it is interesting to
Baltimore and Ohio have not invoked
the same methods in Pennsylvania hat
other roads have in other States. There
they have a two-cent rate, recently
enacted by the Legislature. But in
stead of seeking relief through the
lower Federal courts they have gone
into the State courts and propose to
carry 1t to final adjudication by that
route to the Supreme Courts.
Thus the anomaly is presented Of the
matter being settled after the South
ern idea In Pennsylvania, and after
the anti-states' rights idea In the
ClubCS.s5
Novel Western Decision.
Perhaps the most interesting idea
that has been brought out in the fights
in the various States Is that of the
Missouri Federal judge who was APP
pealed to to set aside the two-cent
rate In that State. He told the rail-
roads that the presumption was that
the Legislature had made no mistake
until lit was proved otherwise, and
that the only way the railroads could
| prove it to his satisfaction would be
| to put the law into effect for few
months and see what the results as to
earnings would be. At the same time
4 he said. that if&the trial should prove
| their contention relief would be forth
coming. ,55
A prominent Virginia lawyer, Will
/ offices in Washington, but who does
not want to express his views for pub
/ LEGATION, has an idea about the situa'
! tion that has perhaps mot been before
i suggested. IT is given for what It II
1 worth: s.a5'.
Another Unique View.
He takes the ground that, Whatever
might be said about the Jurisdiction o
Judge Pritchard in a case like the Ylr
l ginia case, when 1t comes before hin
in the proper way he certainly cal
i have no jurisdiction to set aside
law that does not exist He says tina
no rate can be conflscatory until 1t \
made, and that for Judge Pritcfard T
grant an injunction against confls
4 lcation that does not yet exist IS JUS
like Governor Taylor, OF Kentucky
pardonlng Powers for shooting Goebe
before Goebel was shot. It Is his yieV
that. even granting that Pritchar'
i would have Jurisdiction once the lay
! was perfected. a concession that he !
not willing to make. he committed a.
!, error that would certainly BIO reverse.
d in the Supreme Court when he tool
i Jurisdiction on the grounds Of conlis
cation before a contiscatory rate ha'
been made.
i Virginia Has Best Standing.
.aTo my mind. Yilginia has the hes
i standing Of any OF the States In tn