The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-30
FRICTION IN VIRGINIA
OVER TWO.CENT RATE
GOVERNOR SWANSON FAVORS
IGNORING JUDGE PRITCH-
ARDS RULING.
(By the Associated Press }

RICHMOND, Va, July 29.-The
Times Dispatch in an interview to-
day with Governor Swanson of Vir-
ginia, gives his position regarding
the railroad situation in this state.
| The governor says the case in Vir-
ginia is different from that in North
Carolina, as no law establishing
rates in this state has been prefer
ferred and that the paramount au-
thority for fixing rates is vested in
the corporation committee, which
Judge Pritchard recently enjoined
from publishing it's order for uni
form two cent rate. The governor
says that under Judge Pritchard' S
injunction the committee was pre-
vented from "perfecting the third act
necessary to fixing the rate tpubli-
cation thereof, and that thus there
is no two cent law in Virginia today.
Under the constitution, said Cover
nor Swanson, in order for the COM
! mittee to fix a rate 1t must take three
| necessary steps. viz: Give notice to
the transportation company to ap-
pear; second, give hearing and en-
ter an order; third, publish the Or
der four weeks before 1t can take
effect
The order of Judge Pritchard In
the Virginia case is outrageous, says
Governor Swanson. He says the fix
ing of rate by the corporation COM
mission is a legislative act and yet
he restrains this legislative body in
Virginia from doing what is abso-
lutely necessary to complete an act
of legislation under our constitution.
The corporation commission is para
mount to the general assembly or
house in fixing rates. If Judge Prit-
chard can enjoin the corporation
commission from performing its du-
ties in fixing rate and completing
it, he can enjoin the legislature; he
can enjoin congress from passing
laws until he had examined and as
serted whether they are, in his judg-
ment, just and constitutional
If this rule or order of his is per-
mitted and sustained, it means the
destruction of legislative bodies and
means that they shall become sub
ject to the courts. 1t means the de-
struction of the very foundations of
free institutions.
Il have favored and continue to
favor, ignoring this order of Judge
Pritchard's prohibiting the corpora
ton commission from publishing
their order, as required by the con-
stitution, and for the publication to
proceed with the act to be complet-
ed as required by our constitution.
To acquiesce in federal judge in
arresting the legislative body of a
state in their processes of enacting
legislation is destructive of state So
ciety and all free institutions. This
order of Judge Pritchard makes the
Virginia case broader and far more
important than any question of pas
senger rates.
"The members of the corporation
commission are prepared and willing
to proceed with the publication of
the act or do anything else that will
vindicate their rights. The delay
in action has been to enable counsel
to look into the matter thoroughly
and to reach a definite conclusion as
to what they think the best and most
advantageous course for the state
to pursue.
"The rights and dignity of the
state will be maintained to the full
est extent. When the two-cent rate
is perfected by publication and be-
comes operative in the state 1t is my
purpose to see it enforced, and to do
this | shall exercise all the powers
| possessed by me as governor.