The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-28

Times Dispatch.
THAT Important developments in the
Virginia passenger rate case will come
within the next few days, regardless Of
oil statements to the contrary, was
clearly indicated yesterday by Cover
nor Swanson In an Important interview
with q representative of The Times
Dispatch. Incensed by the injunction
Of Judge Pritclard. which he branded
as outrageous, Governor Swanson said
that he had been in favor az. along of
publishing the Corporation Commits
sion.s order. as required by the Consti-
tuition, in spite OF the Federal Court.
without which publication the reduced
passenger rate would not be effective.
Though the Attorney-General and
Senator Daniel declined to discuss the
results reached at the conference held
yesterday with Mr.. Rraxton, the Gov
|sernor was more aggressive more out-
issnokeni nd sha " 4real II thrown Il down
the gauntlet, which will practically
/ force the State to ac tion.8 Il IA
The surrender OF the, Southern all
way to the will of the people in North
| Carolina will effectuallyl weaken the
position of Judge Pritchard, according
Ito those who have studied the litigation
In all Of It's phases, and from the tone
of the Governors biting utterance there
is reason to- believe that the COM
mlssion's ruling will he completed lby
publication of the atWo-centErate order
within the next week
What Governor Says.
When asked as to the Virginia
thereon, Governor Swanson said that
tho case here was different from that
In North Carolina. No law establishing s
rates in Virginia had yet beensperfected,
lie said. so that it could be enforced;
that, under the Constitution Of Vir-
sinia, the paramount authority for FIX
| ing rates in Virginia was vested IN
1.-The Corporation Commission. Contin-
uing, the Governor said:
"Uniler the Constitution, to ems
able the Corporation Commission to
| fix Il rate, three steps were neccs-
snry.
''First, to give notice to the trans-
portntion companies to appear he
fore the Corporation SCOmn.ission.
"Sec0nd, TO give n hearing and I
enter Ar order.
'sThird, by the very terms of the
ConxtitutiOn itself, It must he pub
lishcd four weeks In paper OF Y
general circulation In Richmond
before 1T can go into effect.
."rhe Corporation C0mn,ission was
prevented from perfcctinE the third
net necessary to fixing the rate by
the Injunction of Judge Pritchnrd,
directing them not to publish 1heir
order In the newspapers, ns re-
uuircd by the Constitution. Thus,
there is no t,vo-ccnt law In Virginia
to-day, and none that can cn-
force.
Compel Obedience.
.If the Corporation Commission
| lud or should perfect their order
establishing II t>vO-cent rate In Vir-
Einin all the powers possessed by
i me ns Governor to the full
est and most fearless extent
J would be exercises by me for
Its enforcement and to compel obe-
dicnce to the order by the railroad
1 companies.
"As the Chief Executive Of the
State l can do nothing to enforce
such law until it has been COM
pleted by the Corporation COmmis-
sion. The order of Judge Pritchnrd
| In the VirEinln case IL outrageous.
He says the fixing of Il rate by the
Corporation COnnlnission is n leEis-
Intive not, ana yet hc rrstralns
this leEislntlve body in Virginia
l from NOluH N1lut ~ sApsVhuNSAS uSC~
sessary to complete an net OF leEis-
lnti0n under our Constitution. The
!. Corporation Commission Is pnra-
l mount to the General Assembly of q
Virginia In fixing rates. Thus
/ Judge Prttcliurd had more right
to enjOin the Legislature from
q passing an act fixing the twO-cent
rute than he had To enJoin the
i Corporation Commission, since the E
4 Corporation Commission under our
4 Constitution is made paramount to
i the Legislature. II Judge Pritch-
/ ara can enjOin thr Corporation
Commission from performing Its
i duties In fixing rate and COM
i 4pIetinS Ii, he can eni0in the Leg
n islaturc--ie can enjoin Congress
frem passing laws until he has
I examined ana aAeertaincd whether +
they are, In his Judgment, Just and
, constitutional.
i Ignore the Order.
Y "Indge Prltchard practically says
4 to the Corporation Commission,
which he says Is a Iegislatiye body
In Virginia, on thrs question; "
Will restrain You from legislatlnS
Il until have determined whether