Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-02-01


psny Vs. Hill. 10 which Judge Whittle,
OF the Court of Appesls, ye,t 'rdsy handed
down an opinion, is a novel one, from
the fact that it was brought to the su.
preme court upon writ Of error awarded
direct to judgment Of justice of the
peace.
The warrant was brought by Hill be.
fore justice OF the city of Danyille
against the Southern Railway Company
to recover s. and costs, founded upon an
alleged violation by the railway com
pany Of one of the demurrage and car
service ruler prescribed By the state cor
poration commission. The shipment
brought in question was carload OF
wood which was to be hauled by the
railway companylfrom Virgilioia, In Hal
flax county, to Dsnyille, both points
being IN Virginia, but the road passing
for part of the distance between over the
territory of the State of North Carolins.
The railway company contended that the
application Of the rule to this shipment
would be an effort on the part OF the
state corporation commission to regulate
commerce between the States, and con-
sfquently a violation Of the commerce
clause of the United States constitution.
The curt holds that, while section
29l7 Of the code deals alone with the
two classes of cases specified, section
2956 is of wider scope, and this case
coming within the language Of the latter
section the proper course Of appeal was
from the court of the justice Of the peace
to the Corporation Court.
The writ of error is dismissed as hay
ing been improvidently awarded.
Judge Keith, the president OF the
court, dissented from the opinion Of the
majority, saying
81 am unable TO concur in The decision
10 this case. In my opinion this conrt,
and this CONT alone, has jurisdiction
under the constitution and the laws Of
Virginia to entertain an appeal from 9
Justices judgment involving coDslitu
tional question in which less than ten
dollars 10 involved.
~ am further of opinion that the
regulation prescribed By the State Cor
poration Commission, the validity of
which is called in question 10 this rec
ord, is 40 invasion of the exclusive juris-
diction Of the Congress of the United
States, and is therefore null and void. "
Judge Cardwell also dissented.
Opinions in other cases we're handed
down as follows:
BY Judge John A. Buchanan
Southern Railway Company Va. CLARK.
Corporation Court of city of Danville.
Affirmed.
By Judge G.. NJ. Harrison:
Massey's administrative VS.. Southern
Railway Company. Circuit Court o
Albemarle county. Reversed.
Norfolk and Western Railway Com
pany Va. Carr, BY, e.. Circuit Court o.
Norfolk county. Affirmed.
BY Judge Stafford G. white:
Newport News and Old Point Rail
way and Electric Company vs.. McCor'
mick. Corporation Court Of city of New
port News. Reversed.
Southern Railway Company W. Hill
Court Of Justice Of the peace for the city
of Danville. Writ OF error dismissed
Keith, p, dissenting.
Petitions for appeals, etc.
Shiaett w. Shiaslt. Circuit Court o
Rockingham county. Appeal. Bono
$3.50.
Childress vs. Jordan, trustee. Circuit
Court OF Montgomery county. Writ o
error aud supersedfas. Bond $500.
Clear Creek Water Company W.
Gladeville Improvement Company. Cir
cult Court of Wise county. Writ o
error. Bond $3.50.
Louisville and Nashville Railroad
Company VS.. Interstate Railroad Com
pany. State corporation commission
Appeal. Bond $500,
The following we're Wednesdays pro
ceediDgs in the conrt
Undertakes committee w. Moore
and Others. Argued and submitted.
Norfolk and Western Railway Com
pany vs. Hickman, By etc. Submitted
on briefa.
Southern Railway Company W. Stock
don. Argued and submitted.
The proceedings Of the Court yester
day we're as follows:
McCurdy, substituted trustee, vs.
0 ROurke, argued and submitted.
Kecoughtan Lodge, No. 20, Knight
of Pythiss, Trustees, vs.. Steiner & Kauf
man, partly argued and continued.
Next cases to be called:
Coous We. Coone; Fratermiies Acct
dent Order Va. Armstrong; United States
Mineral Company w. Camden & Dris
coll; Pennsylvania Railroad Company
Ss Smith, sgcni, and Austin vs. Minor
senator Foraker shows Pique.
Senator Foraker was asked yesterday
what he had to cay about the prospec