The Washington herald., 1907-08-06
Virginia Joius North Carolina

The people Of Virginia are to be con
graduated on the prevalence Of cooler
eounsels in the controversy which threat
ened TO arise between the State corpora
ton commission and the railroad COM
panies operating within the commissions
jurisdiction. An agreement has been
reached under which the passenger. rates
and the rules and regulations with respect
TO them. fixed by order of the corporation
commission after a thorough and exhaus-
tive hearing and consideration, shall be
put into effect by the railroads pending
adjudication in the Federal courts Of che
constitutional questions involved in litiga-
ton already initiated. Meantime. the in
functions issued by Judge PrItchard will
be modified at the request Of the com
planning corporations so as to permit the
order Of the commission to go into effect
without conflict with the Federal court.
The Virginia rate controversy differed
In several important details from that in
North Carolina, though in both cases the
use Of the injunction by an inferior Fed
eral court to nullify State authority was
deeply resented. IN North Carolina the
enforcement OF a State law was enioined
the writ of injunction running against
certain State officers who were not
charged specifically with the duty of en-
forcing the law. That duty remained with
local prosecuting officers and with the
local courts. both Of which agencies en-
tered with vigor upon the business Of
Furnishing offenses against the low-fare
statute. Judge Pritchard interfered with
the processes Of these local courts by
means Of writs Of habeas corpus releasing
persons convicted OF violating the law.
and even those arrested for violation. thus
preventing their trial. In Virginia. on the
other hand. no such unseemly conflict Of
Federal and State courts occurred. and
thanks to the spirit of concession shown
on all sides. all possibility of conflict has
been averted.
Judge Pritchard's Jurisdiction over the
Virginia corporation commission, how
ever, was stoutly resisted by the State
authorities on the ground that the COM
mission was a judicial as we'll as an adj
ministrative body, and as such could not
lawfully be enjoined by the Federal court.
Brushing aside this view Of its functions.
a view which had been sustained by the
highest State court, Judge Pritchard as
sumed jurisdiction and plastered an in
junction on the commission that practi-
cally rendered 1t powerless. Under the
State constitution. no order Of the com
mission can go into effect unless pub
lished. and as publication was also en-
Joined by the Federal court, there was no
way Of giving effect to the order. and so
no way Of bringing about any such con
flict of court jurisdictions as characterized
the North Carolina controversy.
The provisions OF the State constitution
creating the corporation commission ara
amendable by legislative act. It was pro-
posed, therefore, to call the legislature to-
gether to repeal the clause requiring the
publication Of an order. or to devise some
other way of bringing the issue between
Judge Pritchard and the commission TO a
head. II is difficult 20 see how such a
course would have mended matters. as the
Federal question would have remained in