The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-02-22
AS TO THE coNsTruTioNAlIrs
OF THE TWO CENT EARE

luel law eldCteu ny tuS NGst VIZ
ginia Legislature will never be de,
Cleared unconstitutional by any court.
That which is Just and right can not
be Notwithstanding State Jour
nal.
The State journal has here settled
a question that has been apitated quite
a good deaf lately, but we think It has
settled II fairly and Rightly. Accord.
ing to our present laws, The trunk
line roads are limited TO a maximum
charge of three cents per mile for
passenger fare, while lines less than
one hundred miles In length may
charge from four TO five cents per
mile. If THE PRESENT LAWS ARE
NOT UNCONSTITUTIONAL, HOW
CAN THE NEW ONE BET AS TO
the matter OF testing the eonstitu.
tionaIity Of the new law, there are
some points of interest. There can
hardly be any question as to the
right Of the legislature to divide the
railroads Of the State into classes,
say according to the generally ae-
ecpted division of trunk lines and
lateral or short lines; but there is ..
least for debate as to the pro-
vision discriminating between short
lines owned, operated or controlled
by Independent and trunk line com
panies. That is the point that may
have to be settled by the courts. Just
how such a case may reach a court
cannot be fortold but II might reach
1t by some citizen offering to buy q
ticket on the two cent rate, say on
the IA. q. road. The NJ. r, is under
control of the q. and o. but suppose
the officials say that there can be no
lawful discrimination between short
line roads and refuse to sell: a ticket
at the two sent rate. Then suit
could be brought against the railroad
company. THE COURTS MAY
HOLD. HOWEVER, THAT SHORT
LINES OWNED, OPERATED OR
CONTROLLED BY TRUNK LINE
COMPANIES cANMoT BE coMslo.
Erred UNDER THIS LAW AS BEING
SEPARATE CORPORATIONS; BUT
AS PARTS OF THE SYSTEM AND
COMING UNDER TIE PROVISION
RELATIVE THERETO: IN SOME
RESPECTS THERE IsfA SIMILAR.
llTY HERE TO THE ASSESSMENT
ApPEAL CASES RECENTLY De,
clpEo BY THE CIRCUIT JUDGES.
iT WAS HELD THAT THE LINES
UNDER CONTROL OF THE 9. AND
o. MUST BE TAXED TO THAT
COMPANY AND VALUED AS A
PART OF THE 9. AND o. SYSTEM.
Viewing Il in that light, the only pos.
sible ground Of contention. as to the
eonstttutionality Of the law gives
way.
While the course outlined above
and pethaps others will be open
to the railroads in testing the
new law II goes into effect In
go days from its passage, pub.
lie sentiment is SO strong on
the question that they may ae.
q%uiesce gracefully. The fact THAT Ohio,
Pennsylvania and. Maryland have Ia.
ken action on fare laws may cause
the railroads TO pause In trying 70.
balk West virainla's programme also.
And still further, the realization that
il would be only two short years un.
tit the people wouid get another
chance at them and mayhap have a
legislature that woutd not stop at a
simple two cent fare law may serve
to put the railroads on their good be-
hasior. THE PEOPLE HAVE De
.ciDED TO RIDE ON THE RAIL.
ROADS FOR A STRAIGHT TWO
CENT FARE ON a TICKET BOUGHT
AT THE TICKET WINDOW ANo
VERY FoolIsH is THE RAILROAD.
COMPANY THAT WILL FURTHER.
ENRAeE AN OUTRAGED PUBLIC
BY ATTEMPTING TO DISREGARD
THE LAW JUST PASSED BY THE