Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-30
REJOICE AT OUTCOME F0R TWO-CENT RATE|
New York Politicians Pleased The Supreme Court Decides
Over Woodruffs Withdrawal. Against Virginia Roads.
CONDUCWE TO HARMONY UPHOLDS THE COMMISSION
Roots Entrance Into the Decision of Justice Ptchad Re
! Senate versed
SUPPORT FOR ADMINISTRATION EFFECT TEMPORARY
tors-New York; Be Railway
in Upper Other Procedure:
The Supreme Court Decides
Against Virginia Roads.
UPHoLDS The COMMISSION
Decision of Justice Pritchard Re-
versed.
EFFECT IS ONLY TEMPORARY
Case Is Retained in Circuit Court for
Railway Companies to Adopt
Other Procedure.

The order of the state corporation COM
mission of Virginia fixing a passenger
rate of cents mile on intra-state bust
ness will be allowed to stand: for the
present at least. The question was de-
cided today by the Supreme Court of
the United States in favor of the two
cent rate. the opinion of the court being
announced by Justice Holmes. 1t came
before the court on an appeal of the
state from the decision of Judge Pritch-
ard Of the United States circuit court
for the eastern district of Virginia. hold
ing the proceeding by which the rate was
fixed to be unconstitutional and prohib-
iting the carrying of the order into ef-
feet
The rate was named by the commission
in accordance with authority bestowed
by the Virginia constitution, but the Or
der had no sooner been announced than
the railroads of the state began an action
in the circuit court, in which they prayed
for an injunction against the enforcement
of the decree. The application was based
on the ground that the present rates of
the companies were reasonable and not
discriminatory. either as between indi-
viduals or localities
Railway Contention Upheld.
1t was commended on behalf of the roads
that the effect Of the rate proposed would
be to reduce charges below a reasonab BILE
and just compensation; that, indeed, the
order was confiscatory. and would have
the effect Of taking their property without
due process of law, which is contrary to
the Constitution of the United States
The state authorities attacked the juris-
dlct1on of the court, claiming that the
commission itself was court, as provided
by the state constitution, and that it's
DEGREES could not be interfered with by
federal tribunal.
After hearing the arguments in the case
Judge Pritchard. December % 1907, issued
a final decree granting the prayer of the
railroad companies and enjoining the en-
forcement of the commissions order of
reduction. He held that the commissions
duties were administrative and not jul
dicial.
Improper Method of Procedure.
This decision was overruled by today's
action. Justice Holmes in the course OF
his opinion said that the proceeding Of
the commission was legislative and not
judicial in character, and that the courts
decision was on the technical ground
that the railroads had not proceeded in
the proper manner.
The courts decision of reversal was
based on the failure of the railroad to ex-
haust its rights in the states court.
The opinion directs that the case be re-
tanned by the circuit court, but Justice
Harlan took the position in a dissenting
opinion that the decision should have
been reversed, with discretion to dismiss
He concurred in the result. as did Chief
Justice Fuller, but both delivered dissent
ing opinions. Justice Brewer alone dis
scented from the result