The Caucasian. (Clinton, N.C.) 188?-1913, 1907-08-08
Railroads Agree 10 Accept the
Two-Cent Rate
PENDING FINAL DETERMINATION
Virginia Corporation Commission
Enabled to Publish 2-Cent Rate
Law. Which Goes Into Eject Not
Later Than October lst. Pending
Final Adjudication Of Entire
Question by Supreme Ccurt.

AAShAnoaas VS. eA'Ns4aa@ "ASAsAat
the next week Uaited States Circuit
Judge Pritehard will sign q modified
decree, agreed 10 by tbe State and
the railroads, under which the cor
poration commission will he enabled
to complete the third step of its rate
making function by publication If
the 2-cent rate order for four con-
secutive weeks in Richmond news
paper. Not later than October 1st
the new rate will go into effect pend
ing final adjudication of the entire
question involved by the Supp ne
Court of the United States
Thus the Commonwealth will have
accomplished that for which it had
consistently fought without disorder,
without defying a Federal ruling and
without employment of "big stick" "
tactics.
In the Circuit Court of the United
States for the eastern district of Vir-
ginia there were filed two papers In
the case of each contesting railroad.
constituting an important part of
the present and pending litigation.
Judge Robert r. Printiss, member of
the corporation commission, filed the
demurrer, which sets forth the gener-
al plea of the defendant commission
in all of the cases. 1t reads as fol-
lows:
"This defendant by protestation,
not confessing or acknowledging all
or any other matters and things in
the said plaintiff bill to be true III
such manner and form as the same
therein set forth, demurs thereto and
for cause of demurrer shows,
First. That the said plaintiff has
not in and by the said bill or stated
any such cause as doth or entitle it
to any such relief as is thereby
sought and prayed for.
"Second. That this defendant has
no personal or individual interest in
the matters and things referred to
in said bill.
"Third. That the said plaintiff has
adequate remedy at law.
"Fourth. That the matters and
things complained of in said bill are
res judicata.
"Fifth. That this court has no
jurisdiction to hear and determine
this cause for the reason that this is
a suit against the State of Virginia,
"Sixth. That this court has no
jurisdiction to hear and determine
the cause for the reason that the
State corporation commission is a
court Of the State Of Virginia and
this court is therefore without power
to enjoin the said commission.
"Seventh. That this court has nc
jurisdiction to determine this cause
for the reason that if the said com
mission is not such a court as this
court, with power to enjoin, then tke
| publicatin of said commission s order
Of April 9th, 1907, was the neces.
sary part of the enactment of the
same as legislation, and this court i.
equally without power to enjoir
legislation before it is enacted.
Wherefore, and for divers Other
good causes of demurrer appearing
in said bill, this defendant demurs
thereto, and humbly demands th'
judgment Of this court whether Ii,
shall be compelled to make any fur
ther answer to the said bill; ans
prays to be hence dismissed with hi
cost and charges in this behalf mos
wrongfully sustained.
1t may be explained that this il
| in no wise a final determination o.
the trouble, but only method of get
ting the questions at issue speedil,
before competent tribunal and hav
ing them settled in an orderly manne