The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-25
WEDNESDAY. MARCH rs, 1905.
u.BEas CORPUS AND THE RATE
CASES.


CASES.
Unlike litigants in established courts,
newspapcr controversialists have no
tribunal which can and will give a
definite and binding decision But forl
the possible information which thel
public may receive, therefore, IheI
Times Dispatch would deprecate the
prolongation of the academic discus
sion which we are now holding with
the learned and subtle Lynchburg
News Apparently our Lynchburg con-
temporary considers that Governor
swanson and the Corporation Commits
sion both made serious errors In not
dcfying the order of Judge Pritchard
in the Virginia rate cases by getting
one or more State officials in jail, and
thereby forcing the United states ST.
preme Court to give the earliest pos
sible decision on the question of the
right of the Corporation Commission
10 declare rate and on the reason
ableness of the rate so declared.
In maintaining its position our ad-
m!rable contemporary seems to US to
have fallen into some confusion Of
thought. The Lynchburg News ana
ourselves both agree that States cannot
he sued under the eleventh amend
ment OF the Constitution; that Legis-
latures in general, and so far as The
rimes-Dispatch is concerned the State
Corporation Commission in particular,
have the right TO declare rates on in
trastata railroads. We presume the
Lynchburg News would even so SO
far as to admit the doctrine now
horoughly established by the decis
ions of the United States Supreme
court-namely, that in declaring rates
states may not make unreasonable re-
auctions.
This being so, what was the case in
Virginia? Was it not that the State
Corporation Commission declared 2
cent rate, that the railroads sought a
Federal Injunction, that thereafter a
compromise was effected between the
railroads and the State whereby the
2-cent rate was put in force? Now, this
rate was not only put in force as
enectually as If the railroads had
never contested the Corporation Com
MISSIONS decision, but it was provided
that the rate should remain in force
Until October, 1908, and, II the case
was determined against the State, it
should remain in force until new
Tore the Corporation Commission. Vir-
sinia, thsfs.f6ret.' has gained and Is
enjoying the 2-cent rate, and will con-
tinue TO enjoy it for perhaps twelve
Or eighteen months more without in
terruption. The Corporation Commits
sion could have done no more.
In the meantime the complex ques-
ton of tho constitution of the Cor
poration Commission, the validity OF
;ts findings and the judicial effect Of
ITS hearings will all be determined de.
Gently ana in order by the Supreme
Court of the United States. Nor will
st be required that Mr.. Henry c. Stuart
or Mr.. Joseph z. Willard or Judge II.
r. Frentis, or all OF them, go to jail
as common law-breakers, and remain
there until such time as the paper
could be prepared and bail granted.
Every poinc at issue. whether In law or
cost to the travelling public. will be
satisfactorily determined by the due
snd orderly administration OF law. The
public will enjoy the reduction in rates
and the State will be spared the ig.
pominy of having TO set an example
Of open violation of the law. VIVA
more could Virginia have gained unde
any other method? And would tn,
risk of having the whole law de-
clared unconstitutional and the imprls
pnment and fine OF our important OH
sials have been q SUFFICIENT compensa
don for gaining g few months earle
that lega! opinion which VIII shortl,
be given in any event? We think no,