The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-11

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In an opinion affecting the very ex
tstence OF the Virginia Corporation
Commission Judge letter G. Pritchard.
In the United states Circuit Court OF
Appeals yesterday continued the, In
functions recently secured by the rail-
roads restraining the commission
from putting. into effect the proposed
reduced passenger rates, and practically
declared that tho commission has no
ro.yer to exercise the functions of a
court, and that In attempting to fiN
rates It went beyond its constitutional
authority.
The cases six in number. are among
the most important hcardSin Virginia
during the present generation. and
upon their final settlement may depend
not only the question of rate-makins,
eut the general powers OF the Cor
I poratfon Commission as We'll.
Judge Pritchard read his opinion
from the bench, and announced that
later on he would hand down a mofe
elaborate paper, going more fully into
the details of the points involved.
The course OF Judge Pritchard was not
altogether unexpected. though there
were those who thought His Honor
would probably decline to take 1uris-
diction in the matter.
Attorney General Anderson was seen
at his Office by a representative OF
The Times-Dispatch yesterday after
the decision was announced. He was
unwilling to discuss the case upon its
merits, or to comment on the opinion
of the Judge.
Though the State is not party to,
this litigation and cannot be made
a party without her consent, the Attor-
RI "a 5jra 4.
tuition OF these suits. which he appre-
hends nlil inevitably result Injurious
ly alike to the best interests of the
State and OF the railroad companies.
whatever the final decision may be.
Not only#is the validity and legality
of the6order of the State Corporation
Commission prescribing the maximum
rates to be charged by the railroad
companies of Virginia brought In
question by these suits. but the valid
ity and very existence of the state
Corporation Commission are put in
issue.
If the State cannot control and regu-
late public service companies in the
way prescribed by her Constitution
and laws. says the Attorney General.
she cannot regulate them at all justly
or effectively.
No Provision for Defense.
Apart from any consideration of the
question as to the business and reas-
onableness of the rates for passenger
d transportation prescribed by the COM
mission. or of the merits of these
suits, the importance of the litigation
is far-reaching and momentous to the
people of Virginia and Of all the States
of tile Union.
NO provision has been made by law
for defending such suits on behalf OF
the commonwealth. IT would require
the diliEent services OF IL number OF
trained and experienced lawyers, anc
4 OF expert accountants for months, ade-
quately to prepare and present the de,
lenses of the State to these six suits
If any defense is to be made upor
the question of the justness and reas.
{ #onableness of the maximum fare.
fixed by the commission.
No provision has been made by Law
4 for making any such defense
q The Attorney General stated to tn
court yesterday morning, immedlatel,
after its decision was rendered, tina
no appearance had heen entered by tn
counsel for the defendants upon th
merits OF any OF these causes. Th
appearance entered was limited to TIL
question of Jurisdiction.
VIII Decide Later.
The Attorney General is ex offlci
counsel for the State Corporation Com
mission. and Messrs. a, Caperton Brax
ton and John $. Eggleston have ap
pearad as the special counsel for tn
commission. at the request of the com
mission, Sthe Governor and the Attor
ney- General. s
Whether any further defense wi
be attempted, and. II 80. In what forr
1t will be made, Will be decided by til
official and special counsel for tn
commission before the frst Monday l
August. on which day t.,s defendant
in the several suits arc required I
plead, demur or answer.
Whatever the line of defense. thes
causes will probably be among til
most celebrated. as they are among I'll
most important or their kind whic
"a -~----.-
Ial-.N. u IC,nntlnned. az, Ninth Paea l.Al83l