Daily press. [volume] (Newport News, Va.) 1896-current, 1907-08-02
GOVERNOR SWANSON REsENrs
OUTRAGE

In temperate and dignfied state.
ment OF the facts in the case Governor
swanson of Virginia denounces the
tyrannols action OF Judge Pritchar;!
OF the Federal court in cnjoininr the
corporation commission of that State
from proceeding within its rights I'M
der the Constitution of that state. I'm.
der the Virginia Constitution the
state corporation commission is cloth.
ed win large powers in the way of
regulating corporations, and In the
matter oil fixing rates its authority Is
paramount
In order to establish rate the
commission, according to the Consti.
t,ition, must take three steps. viz:
GIVE notice TO the transportation com.
panies intercsed to appear; give a
nearing and enter an order and then
publish the order for thirty days he
iorc 1t can become effective. The
commission had proceeded in an or
derby and perfectly legal manner to
take the first two steps necessary.
put IL was prevented from taking the
'hird step necessary to the completion
OF the transaction by the Injunction
granted by Judge Prltchard.
This injunction Governor Swanson
very properly dcnounces ms an out.
fageous invasion of the rights of the
STATE and unwarrantcd Interference
by the Federal court with the lcgisla.
| i've functions OF the State govern.
lncnt. In the North Carolina case. as
PAD rs that WAS, the order of the
court only went so far AS to prohibit
the enforcement of a completed legal
transaction; but in the Virginia case
inc Federal autocrat anticipated an
uncompleted legislative act and en-.
joined the commission from issuing
us order, making that act complete.
inc Virginia Governor makes the
point that the corporation commission.
being paramount to the Legislature in
INC mater oil liking rates. can no more
DC enJoined from performing its du-
Tics In liking rate and completing
IL Than tho State Legislature or the
national congress can be enjoIncd
from passing laws until the Federal
court shall have first passed upon
them.
The principle involved IN the dos
potlc order OF Judge Pritchard strikes
AZ The very foundation principle of our
lrcc institutions and proposes at one
iell awoop To strike down the legIsla-
i've power of the government, State
and national. IL the Formidable power
OF Injunction lodged in the courts for
The protection Of the people can be
extended. as Judge Pritchard has thus
sought TO extend It, to apply to tho
prevention by anticipation OF the acts
OF legislative bodies, then the lcgisla
Tive department of the government is
practically wiped out of existence. or
at hest reduced to a body which has
merely the power TO initiate measures
for submission to the court, 10 be fl.
iaily passed only in the event that
they are approved by our judicial dcs.
/ pots We should, in such event. no
longer have three coordinate dcpart.
| ments of the government, but only
TWO with Il third subsidiary hody. held
entirely in check by an arrogant and
allpowcrful judiciary. Tho outrage.
ous usurpati0n of the legislative nm.
shoriiy b. this partisan judge cscrcIs.
ed In behalf of tho private corporate
interests serves to emphasize the
warnings of Thomas jefferson against