The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-15
LIKELY IN FAVOR
OF 2-CENT RATE.
Whatever Opinion May Be Mater
Will Eventually Go to Supreme
Court Of the United States.
Case Has Been
Long Pend
ing.

5 oeFtainly before the end of the press a
ent week. and probably within a. day
Z or two, the State Corporation Com
mission will promulgate an order rela- 4
tive to the establishment OF uni s
form classification of freight sched-
ules and to passenger mileage rates on
Virginia railways. Ell
.'ast what the decision of the COM
mission Will be as to this important
subject is. of course, not made known
IN advance Of the formal action. tits
Understood, however, that the por-
tion of the order relative to freight
schedules Will be not 50 much a reduc-8
atlon OF rates as the establishment Of
uniformity. 1t is expected that in at-.y
tanning uniformity many rr,inacr
#changes{tn- existing freight tariffs will
be made, but as a matter$of fact the
purpose, ofathe long hearing Just draw
Ing to a close is to secure uniformity
rather than to attempt regulation.
Uniformity is! a conditioni precedent
to rate regulation, which a may be.
assumed will follow whenever in the
commissions Judgment there is need
for such regulation. s 95f4
History Of Case.
In both cases, which Nave been un-
der consideration for ABOUT two years
by the commi ssioh, the railways were
cited to appear and chow cause, first
why a uniform tclassit tication OF freight
schedules should nots be promul ga ted !.
and, second, why a uniform passengerl
rate of two cents per mile should not
be promulgated. The burden Of proof;
was placed upon the railroads in both
cases. The very action OF the conf
mission in citing the railways to show
cause expresses the Conviction OF tito
commission that such uniformity is de-
asirable In tho one case and sucll5,l
! maximum PASSENGER n1Sj In the
| other.{it being necessary, however 9ilr
simple justice and under %ti. law to
give the railways theirfSaay In court,
| In other words, the conts,ission had
established a prima facie fact of tia
need OF such uniformity. but Ut owec,
| it to the railroads to hear whas they
1Nhod to say and to present IN opposition.
! to the commission propositions.
The hearing in the uniform freight:
J. rate classifcati ation has been prolong-#
cd one, and been begun about two
years ago. and concluded only q few
months ago. Eminent attorneys were
engaged by the railways to prefRQo
! their side OF the questions involved.
while the Attorney General had asso-y
ciated with him on behalf OF the peo-S
pie Hon. A. G. Braxton, who had been
retained by the shippers. For weary
months, in summers heat and vim
ter's cold, the commission and the
attorneys sat patiently engaged In the
intricate and difficult work.
The rate experts, auditors and comp
! trollers of the various railways were
present for many days under examina-i
tion and cross-examination by the
brilliant attorneys on each side.
The General Assembly passed a.
statute prescribing a maximum pas.
senger tariff of two cents per mile
= man act The railways, acting by ad-
1 vice of their attorneys, Ignored this.
lSand yast case was made up and
heard by Judge Henry VII olt OF
Staunton, who held that the Church
man act was Unconstitutional, IN that
lit assumed powers specifically and
exclusively delegated BY the Constl-
| tuition to the State Corporation Cons
! mission This decision was upheld by
the higher courts. The Legislature,
being fresh from the people. ostensi-
| bly, expressed the popular will IN tho
i matter Of passenger rates. The COM
mission, after making inquiry into
1.-the equities of the case, issued Its
/ order to the railways to SHOW cause
why such a maximum rate should not
| be promulgated
|
finances OF the railways must be taken
into consideration, and necessarily the
earnings and expenses have been pre-
scented and minutely anaiyzed in geltlhs
at II conclusion.
Goes to Supreme Court.
Though the commission is silent as 70
the matter until its decision Is officially
announced it is regarded as practically
assured that II two-ccnt passenger rate
will be promulgated. 1t is regarded as
also pretty well assured that uniformity
or freight classiflcations will be estab-
lished Tho decision has been agreed
upon, and Is practically in its final shape,
The finishing touches will be given TO "
to-day OF, tomorrow, and then the paper
t will be made public.
Whatever may be the opinion of the
commission. the matter will 80 to the
II Supreme Court of Appeals of virginia.
and eventually to the United States sli-
preme Court,