The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-08-24
2 CENT Fare
is HIT AGAIN
IMPORTANT QUESTION OF CON.
STlTuTlcNALITY OF THE LAW =
UP TO SUPREME COURT.

declaration of the Norfolk and West
ern railway that the West Virginia two
cent faro act had proved conflscatory
and was unconstitutional on Its face.
Judge S. C. Burlctt. OF the Knnawha
Circuit Court. OIL Monday morning is
sued an Injunction restraining Attor-
noy General w. G. Con1ey and the
prosecuting attorneys or the counties
traversctl by the Norfolk and Western
railroad from institritinE proceedings
against the road or Its agents for Its
failure to comply with the two-cent
rate legislation.
TWo.cent Fare Earnings.
The injunction issud by Judge Burr
dett relieving the Norfolk and West.
ern road of the operation of the lower
fare net. Is made uron the declaration
of he railroad that 1t Ind given the
law q test for two years and had found
II confinscatory. For the first year,
the railroad AYERS. It's profits on intra.
State passenger traffic was fraction
more than one per cent. while for the
second year its profit on intrh-State
business wns only is per cent. Or less
than onc-llalf of ono per cent.
Must Issue Coupons on EXCESS.
While the complainant railroad Is
relieved OF the operation of the two
cent fare law. the order Issued by
Judge Burtlett requires the railroad to
Issue coupons to passengers for 1.-The
Increased cost of transportation to hn
held by patrons OF the road until tho
case Is finally a'ljudicated. Similar
orders were issued by tho court In the
case OF the Chesapcakce and Ohio and
the Virginian railways
In issuing the injunction to restrain
tho officials from prosecuting the Nor
folk and Western railroad agents for
their failure to comply with the two
cent fare law. Judge Bhr,lett Is con-
sistent with his DEGREES in the other
two-ccnt fare cases which have been
before him. In the Chesapeake anI
Ohio cnsc the kannwha iurist he'll
that the law was conflscntory and ut
tho same time llcll that 1t was nncon-
stitutionnl on It's face because OF the
unjust and unfair discrimination In ex.
cmpting railroads OF less than fifty
miles In length. H
only Two Two-cent Railroads Left.
In issuing tho Injunction to the Nor.
folk and Western railroad another OF
the big trunk lines of the State has
been relieved from the. operation Of
the two-cent fare law. leaving only tho
Baltimore and Ohio and the Kanawha
and Michiian railroads tho only trunk
lines in the State where the lower fare
law Is still effective.
Agents for the State arc now work
In gon the answer Of the State to the
bills fled in the Chesapeake and Ohio
and the Virginfan railway cases and
the Norfolk and Western case will be
taken up Immediately. The first OF the
two-cent fare cases which will be
heard by the Supreme Court OF West
Virginin on appeal Is that OF the Coal
and Cock railway.
Waiting on Supreme Court.
The States legal department desires
to secure an opinion from the higher
court relative to the cnnstitutionallty
of the act. II the higher court declares
1t unconstitutional because of the cx.
Of certain railroads. 1t will be
useless to proceed further with the np.
neals In the Chesapeake and Ohio. Nor
folk and Western and Virginian roads.
but II thc opinion Of the Supreme
Court Is favorable to tho State each OF
the appeals will be prosecuted.
While the Norfolk and Western rail.
roah does not traverse Kanawhn cnur,
ty. one OF the legal requirements OF II
suit against m officer of tho State Is
that It must be brought ut the scat of
and no other court in tina
State has that authority.