The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-02
JURISDICTION OF
COURT is DENIED.
Attorneys Contend That Court
at Ashcville Cannot Hear
Commissions Case.
il is ENTIRELY ll' Z !: DIFFERENT ).I I: '' N
Question Of Virginia and Rail
ways, Counsel Declare TN
like. North .Carolira's.
it is ENTIRELY DIFFERENT
rspec,al to The Times-Dispatch

4
AsHEyILLE. N. c., July 1.-The case
OF the railroads asking for q continu-
ance of the injunctions restraining the
Virginia Corporation Commission from
putting into effect the new railway
rate law passed by the Virginia Legis-
lature. came up before tJutSe Pritchard.
| In the United States Circuit. Court, to-;
day. Mr.. John s. Eggleston, OF tVir-
ginia, OF counsel for the Virginia Com
mission, asked that the answers be
filled July 9th; and the order as SO
made. In response Question by
Judge Pritchard. nse1 said that the
answer in the Virginia case was en-
ltirely different from that IN the North
iCaroiina case. and then the answer was
read. Substantially It raises questions
1 Of law, aside from the essential mat
ters as to the merits Of compl lainant's
4 case Mr.. Esglestbn said that thefrul
4 to show cause was returnable before
i the court at Ashevtlle, and as Ashe-
4 Iville was beyond the bounds of Yir-
4 ginla, where the suit is brought. he
!. questioned whether the hearing, could
{ Illegally be held Judge Pritchard said
he would announce his decision In
! lRichmond about the 9Th. Il
. The complaints in the six Virginia.
cases are substantially the same, and
the essentials are that:
!. The new rates are confiscatory, In
!; that they allow no reasonable return
on the property of the railways.
q That the laws OF Virginia guar
antee that no law shall be. passed to
prevent the payment OF certain divi-,
dends fixed therein. The Corporation
4 Commission Is an executive body en-
powered to fix rates and also a court
! empowered, to judicially determine
complaints wherefore there is a viola.
! ftion of the constitutional provision
that the legislative and judicial depart
9 ments shall be distinct.
J. That the rates fixed, II enforced,
will be discriminatory in favor OF Vir-
. ginia, and requiring the placing OF
higher interstate rates will burden
!, interstate commerce against the COM
: merce clause OF the United States Com
a stitrtion.
8 That the penalties provided to In
g dtviduals by the rate law would be
g enormous and unjustiy burdensome.
J: States Answer.
J. The answer read by Mr.. Egslestor
! denied the contentions OF complain.
q ants. and further set forth that the
r Corporation Commission is court
n and therefore may not be enjoined
: that it Is a body different in consti
K tuition from the railway commission
OF other States, and therefore the law
9 respecting inJunctions applicable Il
! other commissions do not apply to It
: that complainant has ample remed.
g In actions at law.
:. Mr.. Thorn. counsel for the Southern
IT, offered In evidence the evidence OF
Is fered before the commission at tn
n hearing wheni 1t fixed rates.
10 Mr.. Braxton made the announcement
IA that the question at issue for the pur
g pose OF this preliminary hearing wa
= that of jurisdiction.
le Judge Pritchard said that he woul
80 regret to hear the case twice. Th
: first matter to be decided was that c
lsI Jurisdiction, but he saw no reason VIII
"a the question of whether the railwa
had made but prima facie7 case coul
not be considered at the same time.
Attorney General Anderson. for tn
State. opened the argument, claimin
n THAT the court was without jurisdic
= tion.
Among the attorneys interested 1
these cases are Attorney General Wi
10 liam a. Anderson, OF Lexington, an
. "A. c.. Brnxton. OF Richmond, speci;
L counsel for the commission and Stat
officers: Alexander Hamlton,g OF Pt
tersburg, y!ce-president and gener,
counsel, and w b. McIlwaine, OF p,
,te tersburg, division counsel for the A
he lantic Coast line; Henry n. Wickhar
ay Of Richmond, general counsel, ar
he eral solicitor for the Chesapeake al
~ Ohio; Joseph |, .Doran. rof Philade e
of phia, general counsel, and Lucis
ut Cooke of Roanoke. general attorn,
II for the Norfolk and Western; A.
W Thorn. general counsel for the Sout
rtr nn ern; S. s., =. Patteson, OF Riohmon
nd tor the Carolina and Western; Thom
lis B. Harrison, Of Louisville. genera! a
of torncy for tho louisville and Mas
tI,tt11 10 Y y - =