The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-28
SUNDAY. JULY IS, 1907.
Be Observation-Disclosures.
THE DUTY OF ORDERLY PRocE-
-. DIRE.

THE DUTY OF ORDERLY PRocE-
l8s DURE.
1t was stated in Saturday mornings
Times-Dispatch that there was no
need Of haste on the part OF Virginia
in forcing the Issue raised by the
railroads In the Federal courts. If
Governor Swanson and the Corporation
Commission adhere to this wise course
they will do well. And despite GER
tain hysterical adjurations to violate
the Injunction and force the issue,
It is not apparent to the reasonable
citizen why any such false position
should be assumed. Too much stress
cannot be laid upon the ever-present
need for calm and dispassionate en-
forcement Of law. It was due to the
statement Of this principle and it's
reasonable application that the Hon.
A. Caperton BraXton was able to blaze
the way for the whole OF the United
States by his admirable draft of the
i constitutional provision under which
the State Corporation Commission acts.
In. North Carolina the State Corpora
ton Commission nominaly grants APP
peals: but with this very wide distinc-
ton, that on the appeal the whole
case is heard de novo. No record Of
the hearing in the lower court goes
up to the higher court, and to all In
tents and purposes the second trial is
Just as II no other one had ever been
held.
A very different state Of affairs ex-
lists In Virginia. Here our Corpora
ton Commission is indeed court. IT
takes evidence under specified regula-
tons; It's findings are subject to re-
view on the record made In the first
trial; 1t is always In session. and 1t Is
erected as an enduring bulwark be-
on the one hand and the destruction
OF demagogic passions on the other
The question Of the propE.ety or legal
r!ghttulness OF 4 ttie .two.cent rate
which tbs Corporation Commission de.
c!ded upon IN no way affects the
course of action which they ought tc
pursue at this time. It vii! be re.
membered that the two-cent rate il
Virginia has never become law. fol
It Is necessary under the statute tina
fnding of the Corporation Commits
sion be published four times. and thi
provision was inserted for the benea
OF the Corporation Commission itselt
as we'll as for the benefit Of any cor
poyation which may be affected b
said finding, II the Corporation Com
mission itself had. after making thre
publications, decided to abrogate an
rate or revise any regulation, the
could simply have declined to max
the fourth publication. and tile la
IN question would have remainsd (
4 imperative as II II had never bee
\ discussed at all. IN Virginia, there
fore, there Is this difference from II
situation In North Carolina--namel
that the 2 Ia cent rate in North Car
lima was actually put into eftsct whi
in Virginia the two-cent rate has pev
pcCOUle Jaw even II II NsTG
law; even II the United States cour
had enjoined It's enforcement. as tn
have enjo!nst the 2 IA cant rats
] North CAROLINA. there would still be
copht as to the wisdom of coug
& that ought TO be pursued Whet,
s the railroads precssa through The Fs
erai courts. or. as was intend
stss through our own supreme Court ELL
tgs method would az length carry the c!
1 s1 for fnsl arhitrament TO the Uni
4 States Supreme Court. Eoth roads i
4 ITO Rome, and IL is the Federal poy
pehind tire supreme Court that
\ sngth makes its DEGREES absoiu,
"a finally decisive in this coun,
ne United states Supreme Court
much ps.s acc pasca! OF the
Ric IFS Of Virginia or North ca
i as OF any other state Ii the I'm
and through going into tbs Fed
is the railroads have praetie
fea al ths work done. before
mission in North Carolina,
g attempted 70 90 so In Nirgi
Ahe railroads had the RICH, 10
J. they chose under The laws
IN srtar tins humblsst citizen ~
SN3 Ilts