Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1907-07-20
Judge Pritchard Rules That Vir-
ginia Body Has No Judicial
Function
SET BACK TO RATE CASE
Decision Has Effect Of Declaring
Jurisdiction in the Federal Court
To Enjoin Enforcement Of the
Two-Cent Regulation-Will
Be Appealed
RICHMOND. vA-special.-


IL the opinion OF Juege Pritchard.
which was handed down IN this city
today a. II o'clock in the United
States Circuit Court "a ultimately sus-
United states, the Virginia Corpora
ton Commission Will be shorn OK AL
tia powers as judicial body
In fact its very existence VIII DC
threatened and the body VIII Be com
pleteiy Invested OF It's power TO regu-
\ late railroads.
The ruling Of The court. which por-
/ tend 50 much 20 the fate OF the COM
mission. was made IN the six cases
/ OF the railroads which appealed from
I the recent decree commanding them
I 20 reduce their passenger rates.
Judge Pritchard holds that the Cor
/ poration Commission. under the pro-
visions OF the Virginia Constitution.
has no right 90 exercise the functions
. OF a court-that It's functions are only
legislative. and that. therefore. IL vas
not acting as q court when 81 at
tempted 20 put IN force the reduced
rates
' The eminent tursst submits his views
with great dif1dence. however. for he
thinks the questions involved are OF
vast Importance. He even goes 50 FAR
as 20 express pleasure az the fact that
the cases viii ultimately - 60 the
United states Court OF Appeals. FOR
the points az issue. In his opinion. are
too far-reaching 20 be decided by one
man alone.
The effect Of the opinion. which
was heard this morning by thirty OF
more OF the states foremost lawyers.
VIII be 20 continue the restraining or
b der formerly granted at the request ot
the railroads.
( IT. other words. the Corporation
b. Commission and SIS clerk r T. VIII
: son. remain under the ban % the In
. junction restraining them from putting
, in force the reduced rates.
b \ Preliminary Point
e or course. the ruling q today
touches only a preliminary point
r turisd!cuonal question-out that does
q not make the matter any less impor-
. tant.
. Had Judge Pritchard decided that
= the Corporation Commission was a
e regularly constituted court. his TIL
bunal under weI-estab lished doc
q trine OF law. could not have enjoined
s its actions But holding. as ne does
J. Judge Pritcharis court now takes
8 Jurisdiction IN the litigation.
b Immediately after the announce
ment OF the opinion. which was reat
z ~ Judge Pritchard amidst profound
- silence. the attorneys representing ia,
L. complainant railroads addressed th'
J. court REGARDING the amount OF th'
IS bond that viii be required ~ then
pending the final settlement OF th'
cases
a p. Thorn. speaking for the South
- eru Railway. said tlat the 1itfereuc
u IN one year between the rates nov
charged by his system and those de
- creed by the Corporation Commits
% sion was about S1S1.000. The pon'
N was. therefore. fixed az 100000.
III Attorney General Anderson ara
% nounced that he had no objection 90
a. bond of this size. though De state
id that the state 0T Virginia has goo
ia yet decided what course 10 VIII adop
lu view az tolay's ruling. He states
that The Comm onwealrh has uurl Az
= gust 90 decide as go this.
Lucleut II. Cooke. counsel FOR th
n Norfolk and Western. announce cha
his road. by avoiding the two-cert le
Il cree. would save something like $685.
4 GOO "a year So the bond ~ this coz
porat!ou was promptly fixed az SST5
QQo-
Counsel FOR some ~ the other line
Informed the court that later on in Oh
day they would submit data shown
4 what bonds they should give. Thes
\ securities. 10 is hardly necessary
4 explain. are designed 20 protect ff
public IN the event that the raj
roads ultimately lose IN the Supren
Court
mother words every man who peas
ln excess Of the reduced rates Ir
scri5ed by the Corporation. w4l -
his money back should the happy d.
ever come when Virginia Elns b
case. But that day IS far distant
: matter how optimistic a view one mi
take OF the situation.