The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-02
Outcome Of Fight In Virginia
Is Not Yet Clear
TWO-CENT Law MAY STAND
Some Predict That Compromise May
Be Reached and a 2Rc Rate
Agreed Upon BY the
Railroads.
BY wATTERsoN sTEALEY.

Washington, December 1-(Special.) >
The course which will be pursued by
the railroads in the matter of the Vir-
ginia 2-cent rate cases is not yet clear
to the public, nor to the railways them
selves.
1--WE want to act in perfect harmony
with the Virginia corporation commits
sion," said Alfred P. Thorn, general coun-
sci of the Southern railway, tonight.
"Our future course has not yet been
made matter of conference, but 1t will
be, and when we confer we shall be act
uated by a desire to proceed in alb
solute harmony with the commission.
The legal status Of the commission has
been defined and all the questions We
wanted settled have been settled"
1t is freely predicted that the outcome
of this rate fight will not be a z-cent
rate nor the old rate of cents mile
but a 21a-cent rate agreed to by the
railroads and the corporation commission.
1t was impossible to obtain statement
on this subject from any official railway
source, but the suggestion that such a
basis of compromise would be reached did
not arouse opposition nor violent dis
Chalmers.
The view is entertained that the de
cision of the supreme court hints that
a 2-cent rate law, enacted by the Vir-
ginia legislature, would not be disturbed
by the highest court 1t is believed that
the standing of such a law in the su-
preme court would be especially strong if
supported by the exhaustive investiga-
tions of the subject by the corporation
commission.
The regular course which the rate case
would take would be for counsel for
the railways to take an appeal to the
supreme court of appeals of Virginia. The
corporation commission law provides that
such appeal may be granted IL applied for
within six months of the time of the
rendering of a decision complained of.
This time has already passed. The law
does not specifically give the court of
appeals any discretion and the railroads
counsel will contend that it has none but
must refuse to grant an appeal.
The state may contend that an appeal
could not have been taken earlier, ow-
ing to the course of the case through
by the railroads. The railroads will be
in the position of applying for an ap-
peal which they hope will not be al
lowed.
If the Virginia supreme court of ap-
peaIs refuses to grant an appeal then the
order of Judge Pritchards court restrain
ing the commission from putting the rate
complained of into effect will be made
effective and the old rate will become the
fixed rate
If the appeal should be granted the case
will be heard by the court ofappeals,
which may say the 2-cent rate is rea-
sonable or may substitute reasonable
rate. The supreme court of the United
States holds that to substitute another
rate would be legislative act by the
Virginia court OF appeals. Whether it
would hold that in declaring to be rea
sonable a rate fixed by the corporation
was a legislative, instead of judicial
are not agreed.
The 2-cent rate is still in effect in Vir-
ginia and will continue until the Virginia
court of appeals has passed upon the
motion for an appeal. II the appeal
should be refused, Judge Pritchard's order
would be made effective and the old rate
would be put into effect If the APP
peal should be granted the case would
have to go through the court of APP
peals whence it could be appealed to the
United States courts.
So it wilt be some time before the
cheaper passenger fare in Virginia will
become a thing of the past.