Bluefield evening leader. [volume] (Bluefield, W. Va.) 1906-1911, 1907-08-07

ing the Corporation Commission to
be a valid constitutional body. was
overridden.
90 A rate Of two cents a mile for
passenger carriage on certain rail
Dads was suspended.
90 An Injunction was decreed
against state court OF record.
which was. at the same time a leg
+ islatiye body.
In this anomalous condition of af-
fairs. without precedent in the
/ United States. our state government,
was pat i'm a state Of syncope. and
there impcnded the effort of The CON
.stituted authorities OF the state ID re-
+ lieve il.
Governor Swanson. the state Cor
/ poration Commission and the legis-
lature OF the state (Which could
/ have been rapidly convenedI would
have been on one side: and the con
/ testing railroads on the other side
i'm an ugly struggle. with much fric-
ton, had not wise. prudent and con
ciliatory counsel prevailed. Happily.
| the governor was firm. clear. re
solved. and, at the same time. woll
tempered, forbeariug md iudicious.
| The same may be said of the Judges.
Prentis and Stuart. of the state Cor
poration Commission bench. who
/ ha
the railroads were represented by
broad-minded and able attorneys.
who realized the situation. and were
| i'm the well-balanced and amicable
mood that inures TO wise Judgment
Hence, all parties sought and found
"A basis of friendly adjustment "A
modus vivendi" ON good terms. as
the international lawyers call ii
pending the due hearing and adiudi-
cation Of the issues on the merits
by the Circuit Court Of the United
States. and thereafter by the SUI
preme Court of the United states.
The Governor was the author and
Ipropounder of the terms of accom-
mediation reached and late Saur-
day evening. after many conferences.
they were accepted
The upshot of the matter is.
/. That the peace, dignity and
good temper of the Commonwealth
viii be preserved.
>. No drastic measures. or such
as Attorney General Ayres was
forced to take during the debt con
troversy, when he went to Jail on
arrest, and was released by a writ
of habeas corpus from the United
States Supreme CourD were pro-
voked
3. Avoidance of disagreeable and
mischievous conflict between the
federal and state authorities was eff
fected, which is beneficial and salts
factory to all.
4. The two-cent rate will go into
effect on October list. 0y request of
10th parties which will no doubt
be effectuated by order of the Unite5
States Circuit Court. and that rate
will continue until the main oues-
ton %. the reasonabIcness of
that rate is heard and determined
hy the United states Supreme Court
.. Before there viii be- any
chance to reach. IN any way. a dis
cussion Of the main question e..
us this rate of two cents mile
reasonable? which is a constitu-
tional question. under ,hc fourteenth
Amendment TO the FEDERAL Constitu-
ton, the preliminary questions viii
be settled by appeal TO the United
states Supreme Court That is FOO
say, the right of the United States
court TO enjoin State Corporation
Commission which is equally n
court. will be inquired into. de
liberately and i'm order" as will also
le the validity of the institution
the state Corporation Commission. "
which has conferred upon it by the
Virginia Constitution both legislative
and judicial powers.
have not a doubt that its validity
will be confirmed by the United
states Supreme Court just as fir has
been by The Supreme Court of AID
peals of Virginia Neither have f
any doubt that the whole matter will
/ 90 through the process of Judicial