Daily press. [volume] (Newport News, Va.) 1896-current, 1907-08-06
ATTORNEY GENERALS STATEMENT
Major Anderson. With the Concur.
renee of Senator Daniel. Says That
the Agreement Was Made to Fa-
cittatc the Progress OF the Case In
the Courts-statc Files Demurrer.
my Associated Prcss.)

RICHMOND. VA, Aug. 5.-Major
Anderson, the attorney general. to.
day issued the following statement
ancnt tho rate situation, which is con.
Cured in by Senator Daniel
The arrangement made between
the representatives of the State and
those of the railroad companies ms
TO the suits now pending In the Unit
cd States Court for the Eastern Dis.
trlct Of Virginia. known MS the Vir-
glna passenger rate cases, does not
settle the questions involved In those
| suits. Tho arrangement does pro
vide that the cases shall he proceed
ed with in n regular and orderly man
| ner to as prompt and speedy n de-
cision OF the main questions involved
by the United States Circuit Court
and by the United States Supreme
Court. as is practicable
Tho purpose and effect of tho
agreement made is TO facilitate such
n decision of tho cases and to insure
the conduct of the litigation with ms
little delay and friction ms possible
1 In the meantime tho rates pre-
scribcd by tho State Corporation
| Commission are to be put into effect
not later than October LIST, Ia con
tinuc In force until the litigation
shall be finally ended.
! THE momentous questions involy-
cd are yet TO be decided and upon
their decision will depend tho valid
ity of the State Corporation Com
mission, and the right OF the state
through such tribunal To effectively
regulate railroad companies IN re
spcct to their duties to the public
within the limits and the jurisdiction
of the State"
The Demurrer Filed.
The State Corporation Commission
through Attorney General John S
Egglcston. this afternoon filed dc
murrcr and plea In abatement 10 tn,
the office of Joseph Brady, clerk o.
the United States Circuit Court o.
Appeals.
The papers are in reply TO the at
tacks made on the authority of tn,
commission by the attorneys for th'
railroads fighting tho two.ccnt rat,
decree.
The demurrer is filed by Chairman
Prentis. of the commission. while thu
plea is filed in the names OF Com
missionors Willard and Stuart ant
Clerk Richard Wilson.
The demurrer in part reads rs fol
lows:
II. That the said plaintiff has not
In and by the same bill made o
stated any such cause as doth o
ought to entitlc 1t TO any such relic
as is thereby sought and prayed for
"A. That the matters and things
complained of In said bill are re!
adiusticataa.
-. That this court has no juris
diction to hear and determine thi.
cause, for the reason that this is
suit against the State of Virginia.
That this court has no jurisdiction
to hear or determine this cause. fo
the reason that the State Corpora
ton Commission is not such
court as this court is without pow
or to cnjon. then the publication o
said commissions order of April q
1907. was a necessary part of the en-
actmcnt of the same legislation. AM
this court is cqucliy without power Il
enjoin legislation before it is enact
cd.
The plea also attacks the iurlsdic
ton OF the court. In part it read
as follows:
by Il certain act of the Congress
of the United States. it is provided
that the writ Of injunction shall no
be granted by any court of the Unite,
States to stay proceedings in an.
court of State. except whore sucl
injunction may be authorized by an.
law relating to proceedings in bank
ruptcy
Therefore. the defendants say tina
this honorable court is without powe
to grant any of the relief prayed 70
in the said bill of complaint, or (,
entertain this suit because no relic
can be granted the plaintiff herein
without cnjoining said State Corpol
alton Commission, which this cour
Is forbidden to do by the aforesaid
acts of Congress, all OF which mat