Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-07-11
NO TWO-CENT RATE.

the restraining order against the enforce
ment of the requirement by the State
Corporation Commission Of q uniform
two cent passenger rate on The railroads
in Virginia was continued yesterday bY
decision of Judge Pritchsrd, of the
United States Court of Appeals, sitting
in Richmond. He said it was not his
purpose ito attribute any unworthy
motive to those who framed the pro-
vision of the constitution authorizing the
creation OF the Corporation Commission
of Virginia." but it became his duty to
ascertain the effect Of that provision.
"Tbe courts" be said, cannot consider
motive or public policy in dealing with
questions of this character, but must be
guided solely in constituting them by
the limitation imposed by the federal con-
stiiution." The decision, which, the court
stated, would ultimately be carried to
the Supreme Court Of the United states,
held that, in fixing rates involved in this
case, the Corporation Commission was
exercising legislative function, not
acting as a court, and its acts are ad-
ministrstiye, and the court, therefore,
has jurisdiction.
The decision Of Judge Pritchard was
surprise TO many. Railroad men are
pleafei with the result, and it looks as
though the whole matter will have to
be gone over again. The matter is not
ended, but will figure in the courts till
it finally is adjusted in the Supreme
Court of the United States. The de-
cision is blow to the people of the
State, as the powers of the Corporation
Commission are nulli6ed by the injunc-
ton which is made permanent by Judge
Pritchard until the further order OF the
court.
The rehearing of the matter will con-
sumo great deal OF time, and will in
volve the State Ia enormous expense, as
there are hundreds of minute details and
classifcations and rates and various
things to be ventilated.
If the opinion of Judge Pritchsrd is
ultimately sustained by the Supreme
Court of tue United states, the Virginia
State Corporation Commission will be
shorn of all its powers as judicial body.
In fact the very existence OF the body
will be threatened, and it will be divest-
ed of all power to regulate the railroads
operating in Virginia.
Judge Pritchard holds that the Corpo-
ration Commission under the provisions
of the Virginia constitution has no right
to exercise the functions Of q court; that
its functions are only legislative and that,
therefore, it WAS not acting as court
when it attempted to put into effect the
reduced rates on the railroads. The emil
nent jurist submits his views with great
dffidence, however, for he admits that the
questions involved are Of vast Importance.
He even goes so far as to express pleas
ure at the fact that the cases will u!ti-
mately go 10 the United States Supreme
Court. The effect of the opinion as it
stands will be to continue the restrain
ing order formerly granted al the request
of the railroads.
Had Judge Pritchard held that the
Corporation Commission was a regularly
constituted court, his tribunal, under a
we'll established doctrine of law, could
not have enoined its actions; but hold
ing, as he does, the United States Circuit
Court now takes jurisdiction in the
premises.
In commenting upon Judge Prit-
chsrds decision regarding the two cent
rate order of the Virginia State Corpora
ton Commission, State Senator Lewis
n. Mschen said today:
"The press reports Of the decision yes
terdsy indicated that the State Corpora
ton Commission was without constitu-
tional authority to formulate the order
fixing the rate. 1t appears from the
extracts of the decision printed in this
mornings papers that the decision OF
this question has been postponed and
only the question ofjurisdiction has been
decided. If it should be finally deter
mined that the State Corporation Com
mission has no constitutional authority
TO prescribe a rate the next General As
sembly of Virginia should enact a fiat
two cent rate law conforming as nearly
a, possible to the order of the Commiss-
ion. The Commission after psinstak-
ing investigation has determined that
such a statue would be reasonable, and
in fact such rates are now in force in
number of States not more densely pop
ulated than Virginia. The Burlington
Road which trsverses eleven western
states announced yesterday that 1t would
put in operation two cent fare schedule
between all points on that system.
Eventually the railroads will find the
new rate a source of profit to them
because OF increased travel. The general
public, too, will be vastly benefited"