New-York tribune., 1907-08-06
TIRGINI4 NOT DONE
U'M Push Cases against Railroads
to the Highest Courts

Richmond Va. Aug. 5-Attorney General W.
A Anderson said to-day that Saturday ; capllu-
fatiou of the railways is not. as generally sup
posed an end of the rate question between the
railroads and the state, for the stipuiatlons O.
the truce have yet to be executed.
The purpose and effect of the arrangement
which has been made between the representa-
tfves OF the railroad companies and the repTsseT-
tatfvas of the state said Major Anderson to-day.
are To facilitate and expedite prompt decision
of the important questions presented D. 'He>.
cases bv the Supreme Court OF the tnlte''
States in such manner as to arouse As Htlle
friction and aHtagontsm as possible
While the rates prescribed BY the state Cor
poration Commission for passenger travel are L
continue i'm force until the final deciSloh ol 'u7
suits. the main questions in the cases reilldl'-
To be decided These involve the validity ana
effectiveness of the state Corporation ConlnlS-
sion and the right and power OF the state 10
effectively regulate the railroad companies o.
the state. They involve also the rlght oI
the inferior courts of the United states and OF
rr f,,dee, Of said courts to eujon judicial state
tribunals proceeding in the manner prescrlbeti
tv the laws Of the state from prescribing ths
rates and adopting regulations TOT the SoFeIu-
r1eut of railroads and other public service COM
pduieS respect - the CuIleS euCH tV'ilpe'ii'-'
owe u the public
The main question arising in these cases are
as will be seen. Of vastly more Importance than
vbarher there shall be q two-Cent or a three-
fare
,,7cut now agreed To- they are 10 be proceeded
v-irb and decided in a regular and orderly way
as speedily as possible in the United states III
emit Court for the Eastern Dlstrlct OF VIZ
einia and promptly carried 10 the Chlteu otateS
s,nre11,. Court for final adjudication All parties
-eI,eniza that they are among the most i'm
rortant questions which have ever arisen IN
the railroad litigation of the country
I'm tha mean time as stated, the rates pre-
scrfbed by the State Corporation Commission
Int (s- l..
er,f continue in force until the suits shall be
fnaUv decided The state fled pleas and de
r1urrers in the case in the United states Clr-
cult Court to-day.
Within the next week Judge Pritchard Will
sign a modified decree. agreed to by the stats
and The railroads. under which the COrpOratto1
commission will be enabled 70 compete tn7
third step of its rate making junction oS Puoil-
ca tion of the two-cent rate order for four con-
secutfve weeks in a Richmond newspaper N"t
1ater than october the rate will go into
effect pending final adjudication or the entire
question involved by the supreme court OF u's
United States
In tho circuit Court Of the United states for
rho Eastern District of Virginia there were fled
to-day two papers in the case OF each contest
ing railroad. constituting an important part OF
the present and pending litigation Judge Ftob-
ert Il PrentiS. member of the Corporation COM
r,,ixsion filed the demurrer which sets forth the
general pIea of the defendant commission in all
of the cases 1t sets forth first that the plain
tif has not stated any such cause as entities IL
To anv such relief is sought 1t contends
that the defendant has personal or indiVidu-
al interest in the matters referred 10 in the
hill. that the plaintiff has adequate remedy at
Iav,.- that the matters complained OF in the bill
arc res iudic4tsP. and that the court has no
jurisdiction to hear and determine this cause as
II is suit against the State Of Virginia
The demurrer contends that the court has no
jurisdiction To hear the cause. because the state
Cornoration Commission is a court OF the state
of Virginia which this court cannot enJ0in:
because further. the publication of the cornr1ls-
sion's order of April - last was the necessary
mart of the enactment of the same as IeSisia-
rion and This court is equally without power
20 antoin legislation before 10 is enacted The
demurrer therefore asks that the defendant be
dismissed with his cost and charges in his be-
half most wrongfully sustained