Daily press. [volume] (Newport News, Va.) 1896-current, 1907-12-29
RATE CASE GOES 70
The HIGHEST CURT
Il VIII Now Reach The uaIled
States Supreme Court Tin
a Few Days
PR|TcHAR0 IS AGAINST VIRGINIA
His Adverse Decision Handed Down
Yesterday 10 no surprise-Hc Holds
That the Act of the State is Tn.
eonstitutional--case win Probably
Drag for Months.
Especial 10 the Daily press0

N,FSN'Ni W tiit lJlitl 1Tthh.D
RICHMOND. VA, Dec. 2S--virgln-
las great fight for two-cent passen-
ger rates on all the larger railroads
In the commonwealth will reach the
United States Supreme Court In Il
few days. and sooner or later will
be finally decided by that august trI-
bunal.
1t makes no difference TO the gem
eral public how long tho court takes
to act upon the matter, for when SEN
timent In favor OF the proposed re-
duction WAS at Its height, the rail-
roads prudemtly agreed to allow the
two cent rate is to prevail until the
litigation was settled for good ana
all.
In other words. the Old Dominion,
no matter what decision Is rendered,
cannot fare better than she Ia doing
at present. II
1t should be explained, however.
TIM; virginia so far has lost every
technical point in tho contest. The
final decree was entered today by
Judge Pritchard OF the United States
Circuit Court. which overrnles the
commonwealth MT every turn.
This, however. occasions no sur
prise and may be described az part
of n regular cut and dried program.
Months ago the views OF Judge Prit-
chard became obvious. and his final
decree is precisely what counseI Tor
the state expected. Since then the
| attorneys on both sides have united
In hurrying things up for the ap-
pellate court
In April, 1907. the corporation com
mission essayed TO publish the two
cent order, but was restrained by an
intsrlocutory injunction issued .at the
instance of the railroads, who re-
sorted to the Federal courts to avert
the proposed injunction.
This Injunction forbade the COM
missioners. the newspapers and Clerk
Wilson from publishing the order
which, under the Virginia law, was n
prerequisite to the effectiveness OF
the statute.
Has Dragged for Many Months.
Since then the case has dragged
along for many months in the courts
The members of the commission
both In their individual capacity and
as an official body, were made par
ties defendant in the litigation. They
filed Joint and separate answers, and
joint and several pleas of res adj
iudicata, as well as demurrer, all
of which were overruled.
The end-at least, so far as the
lower court Is concerned-now comes
with Judge Pritchard's final decree
which holds that the order entered
by the commission on April 81, 1907
violates The constitution. The decree
therefore repudiates the interlocutory
Injunction awarded July 10, 1907, and
ties the hands OF the commissioners
the clerk and the newspapers.
A second decree, allowing an ap
peal also has been entered by Judge
Prl,chard. and each Of the complain
ant railroads is required to give an
appeal bond in the sum OF $1,000
This bond is merely to secure the
court costs, etc.
When the railroads first appeared
in the guise of compliments, they
had 20 give bonds aggregatlng hun
dreds of thousands of dollars, In or
der TO protect the public and to guar
antee TO individual travellers all pay
ments in excess of the two-c cent rate
But the compromise pending lltiga-
tion obllterates these bonds and the
railroads. under the final decree, are
released from these.
A complete record OF the litigation
the final decree will be the same
in the case of each railroads. now
made up and the many technical
points involved are fully presented
by some Of the ablest lawyers in the
South.
Up to United States Supreme Court.
| Little remains except for the Uni
ted States Supreme Court to take the
matter in hand ana adjudicate It..
Should Virginia lose, the blow will
be a hard one. and its force win be
| emOhnsizcl nv tho fant thai ,,n;Iar tf,e,