The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-29
PRENT|s AGREES
WITH GOVERNOR
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that Judge Prltcl,ard lad no jurisdic-
tion. no right to issue his restraining
tabiislling stlie two-cent rate. had not
VIC y lated tile Federal Constitution.
1t isAinanifest,' said Attorncy-Gcn-
4 eral ANDERSON, III his brief submitted
70 Judge Pritchard III Asheville that
INC sections OF the Virginia Constltu-
ton and the statutes from which the
commission derives Its existence and
4 Us powers. violate no provisions OF the
Federal Constitutions are in conflict
with no principle essential to the
preservation Of ,<xerty, but are coinpc-
tent, valid and constitutional enact.
thcnts, and that the Judgments, and
orders Of the tribunal thus constituted
cannot be collnterally attacked III TINS
or any other court. and can only be
reviewed. brought in question, and, u
erroneous. be reversed and set aside
ny the Court OF Appeals Of the state
or by tile Supreme Court of tho United
States In the regularly and orderly
mode of procedure by appeal pre-
scrbcd by the Constitution and laws
of the State and OF the United states.
Though there Is more or less clamor
from some quarters that the state
should proceed more hastily. the con.
dittons are said by lawyers to be sGch
that the Virginia case Will be de-
cided by the United States Supreme
Court In advance OF the North Car
DINA case, even II the latter should be
presented first. But as explained time
and again. no record can 80 there in
til October
Position Of $. A. L..
N connection with the fact that the
Seaboard Air, Line Is obeying the State
law in North Carolina, and still charE-
ing the old rate in Virginia. even
while 1t has not sought restraining
order, the company occupies position
which is rather novel.
1t Is not required, for instance to
issue coupons. for the reason that 1t
made no protest, and In effect, is vio-
Ia ting no Virginia law because no two
cent rate exists. This being the case.
1t Is presumed that the Seaboard would
obey the order Of the Corporation Com
mission II 1t. should be completed by
publications for a term OF four weeks.
The company, therefore. saves at
torneys' fees and costs and enjoys the
fruits Of the litigation wilhelm no way
party to It.
History OF Case.
The order of the Corporation Com
mission. reducing passenger rates on
steam railroads In Virginia, was Is
sued on April 9th. after nine months
OF exhaustive examination of wit
nesses. most OF whom represented the
railroads and practically all of whom
contended that the lower tariff would
seriously affect the revenue of each
company. concerned.
On the same day, the order as to
freight rate reduction was handed
down. the examination of that Ques-
ton having covered a period of more
than two years.
NO formal argument was submitted
at the close of the evidence. there hav-
ing been continual argument while the
various questions We're under consider
alton. The commission took six weeks
to agree upon It's order, having gone
over every detail with thoroushness
and care. The order was signed by
Judge Beverly T. Crump, president;
Henry c. Stuart and Joseph E. VIII
lard. a few weeks later Judge Crump
resigned, and Judge Prentis was ap-
pointed by Governor Swanson to fill
the seat thus vacated
Two Cents.
Under the Hulipg, which was to be-
come eifectivA July 4th, after pubIi-
cation In a newspaper at Richmond
once week for four subsequent
weeks. the following railroads we're
REQUIRED to sell tickets at a maxi
mum rate Of two cents per mile:
The Norfolk and western.
The Chesnpeal<c and Ohio.
The Atlantic Coast Line
The ScnbOard Air Line.
The Southern Railway.
The IIchmOnd, fredericksburg
ana Potomac.
The Washington-souther Rail-
way. - Al
The New York, Philadelphia ana
Norfolk Railway.
The virginia and Southwestern
Railway.
The Louisville md Nnsl..illc
RAILWAY.
Two and Half.
The following roads We're allowed a
maximum rate Of two and a half cents
a mile, the minimum fare to be not
less than ten cents:
Norfolk division of the Southern
Railway, from Norfolk to Dnnville,
2O4 miles.
Franklin branch, from Franklin
Junction to Rocky Mount, 81 miles.
C1nremont branch, from James
River Junction to CIuremont, so
miles.
Threc-Cent Maximum.
The following roads were named as
Glass B. and are allowed to charge a
maximum fare Of three cents mile:
Tho Chesapeake Western.
The Cumberland Valley md Mar
tlnsburE.
The Danrllle and Western.
The INDIAN Creek md Pound