The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-07-16
1t is In the power of every wise
man, If he pleuscs, to be as emf
nent for virtue ms for tnlcnt.-Wnl-
ter scott.
ARE RAILROADS OUTLAWS.

According to an article which ap-
Epeared in The Times dispatch on sun
day, and was based on a statement of
sS high official, the public is very much
b e4asperated with the railroads and
purposes to exact severe reprisas be-
Ii Cause the railroads appealed from the
opinion of the Corporation Commission
to the Federal courts. This sort of
threat does not make for good laws or
Sf for good citizenship. The railroads are
Ii citizens of Virginia, and Of the United
a states as we'll. They are entitled to|
s@seek the protection of any duly con-
msstituted court of competent jurisdiction
5 whenever in their opinion such court
s@@will safeguard their jeopardized
s5rights. 1t is true that the usual method
S5 pf appeal from the decision of the Cor
poration Commission would be the SUI
+ preme Court of Virginia and then the
ss$ Supreme Court of the United States.
b This was the course which the Virginia
Constitution intended to be followed,
and this is the course which the rail-
Kill roads, it seems, would naturally have
M taken in this instance. But without
HJs passing upon the wisdom of the course
they did pursue. 1t is clear that they
had the right to appeal to the Federal
H courts on the ground that their rights
s-',lndcr the United States Constitution
were impaired. And it should ever be
Il borne in mind that there is but short
sB step between upbraidng a citizen for
a# using his legal rights on the ground
that his action is contumacious and ar
3&i Erogant, to denying him all legal rights
III Whatsoever In this connection IT
may be noted that the News Leader on
Ii the 18th Instant said .editorially: IT
must be remembered that in the pro-
ceedings of the United States courts
III the railways do not say that tie new
ii rate fixed by the State Corporation
IN Commission is unjust or Injurious L
III them They have secured indefinite
Ri delay on a technical point OF law CT
II the claim that the Corporation Com
sg mission has not the right or the au
thority to fix the rates and enforc
~ them Our contemporary Is clearly u
N error in this matter. as 1t might nav
nerfectly we'll determined had it sakel
* the trouble to follow the reports Q
the trial at sAsheville, IN that me oe
4 c ision 10 argue solely the question O
\ II ,he jurisdiction on the part OF tn
court at Ashevipe was the result Of a
agreement made by the state ana m
Il railroads lawyers, and II there 10 an
odium attached to such an acton
& sbo,ld he equally divided between n
u +he counsel Of the state and of n
h railroads AS a matter OF tact, "a
action Of the state Of Virginia, thsous
II. as counsel. in eliminating every que!
4ion hut the jurisdiction of the Unite
states Circuit Court of Appeals Tor IN
IN district was eminently WISE
n would have involved very lare
.Ynnnse as we'll as have required
reriod of some years, perhaps as mar
} an three, TO have litigated and o.
ternined all the questions whi'
.on,d have been brought before Il
by 11nited States court, had no limit
lion for points OF argument be-
agreed, upon. AS IT Is, Judge Pritc
ards ruling leaves short method {
determining the real point3 at issN
II ,rhe injunction granted By Jud
i Pritchard will be made perpetual, a
an appeal viii lie to the United stat
II Supreme Court, II that court 81
I tains the finding OF the Circuit Coy
of Appeals. the Corporation Comm
zion will then be able to make n
3E gate varying, no matter how slight
from two cents, provided IT Is abe
two cents, and this case, in the ey'
tina, II ie taken 10 the United Sta
courts. can be argued on its incri
or the state, If il secs ht, thror
s3gl the Legislature. may pass two7c
Il bill, and may adopt the expedent
making It criminal offense not
4 sell two-cent tickets The result
this course Of action Wouisl .pe I
!. 20 general Injunction could be iss