New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-08-08
THE VIRGINIA. SETTLEMENT.

The statement issued the other day by sen
ator Holm w Daniel. of Virginia. special couh-
sci of that state in the effort TO avoid a cIash
with the federal Circuit Court and the South
rrn Railroad, breatheS spirit of reasonable
ness which deserves high commentator IN
these DAYS of noisy buster about an fmpend-
ing "irrepressble conflict between the states
and the nation. Mr. Daniel believes that VIZ
cinia has grievance against the federal court
because that court enjoined the State Corpora
tion Commission from fulfilling certain func-
tons vested in it by the Legislature ana the
state constitution. The Virginia Senator says
that the commission is IN effect a state court
and therefore not subject 10 interference from
the federal court except in bankruptcy pro
ceedings He thinks that Judge Prtchard erred
when he ruled that this body could not COM
nleta the enactment of a state law, because us
powers were mixed, being both legislative ana
judicial. As Mr.. Daniel explains it, Virginia
WAS nut in a state of syncOpe" by the federal
Injunction and was in honor bound TO Try 10
vindicate its legal rights and political autoh-
omy.
Yet though demagogic pressure might have
been brought to do something startling sen
sational and politically effective, the Virginia
authorities pursued a course or cauuon anu
moderation Every effort was made to avoid
friction. excitement and unnecessary conten-
L
arranged which will release the state from us
condition of syncope and yet permit an orderly
sattIan,ent I'm the courts of all the disputed
issues.
Senator Daniel enumerates as among the
advantages of this method of settlement TN"
following:
/ That the peace dignity and good temper
OF the commonwealth will be preserved
2 Avoidance of dsagreeable and mischleVouS
A..ryy the federal ana state
was effected. which is beneficial! and satisfactory
. 10 all g. - ~,
tober / by request Of both parties. when WILL
no doubt be efYectuated by order or the United
states Circuit Court, and that rate VIII continue
until the main question: e. the reasota'plehe i
Of that rate--is heard and determined py tHe
United States Supreme Court
4 BEFORE there Will be any chance 10 reach
in any way discussion OF the main que9 li2H -.
T. c. as this rate OF two cents mile reasoiab!e.
which is a constitutional Question: under me
Fourteenth Amendment To the federal Cons9tu-
;ion the preliminary questions VIII be settled oy
. ar,naal 10 the United States Supreme Court
. That is to say, the right or the Chlted states
courts to entoin state corporation cofAhl!SsIoi'
which is equally a court, viii be inquired INTO
deliberately and in order" as WiI also De I-Ie
validity Of the institution, the state corpora
ton Commission" which has conferred upon II
by the Virginia constitution ooth IeSis-l4Ne anu
judicial poWers Whatever right exists on any
I,arty win be daily regarded with due process OF
law and with equal protection OF the laws L"
. all concerned
Suco a disposition to appea! TO law and not
10 passion in the adjustment Of conflicts be-
tween state and federal pretensions must reflect
craair on all concerned In such conflicts. There
should be no precOnccptIon II such cases, either
in favor of state rights or against them. Every
citizen lives under the two systems and should
he anxious only to have the limitations OF each
made clear and the powers of each exercised Tor
the general benefit.