The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-09
RAILROAD TAKES
APPEAL TO COURT
Washington-s Southern Carries
Rate Case to Supreme
Bench.

Acting Immediately upon the presen-
tation Of the petition. Judge James
Keith. of the Supreme Cour, OF Ap-
peals. yesterday allowed an appeal 10
the Washington Southern Railway
Company from the recent decision OF
the State Corporation Commission IN
the matter OF passenger rates. The
petition and record were presented By
Attorney Hill Carter.
The railroad company, which oper-
ates the Immensely popular and dense
ly travelled line between Quantico and
the south enc of the Potomac bridge
opposite Washington, complains OF the
decision of the commission In refusing
to allow II TO increase its maximum
passenger rate from to 3 cents per
mile. The commission entered an or
der permitting an increase to IL
cents, but with this the company was
not satisfied. preferrins to try con-
cIusicas in the court OF last resort.
Matter of Right.
The action OF the court in granting
the appeal is not indicative of any
opinion of the merits OF the case. 1t
Is provided IN the Constitution of the
State that appeals from rulings OF
the state Corporation Commission In
matters OF rates. train schedules or
public service. shall be granted as
matters of right. Judge Keith merely
saw that the petition was from de-
cis!on OF the Corporation Commission.
and that IL was in proper form, and
appended his name to an order grant
lag the appeal. which becomes oper-
alive upon execution OF an adequate
bond before the clerk OF the court.
Under the provisions of the Consti-
tuition, the Commonwealth is made the
appellee. 1t is the duty of the Attor-
aey- General, or his legally appointed
representative, to represent the state
at the hearing.
This case now goes on the argument
docket of the court for the November
term. AS further provided by the Con Con.
must be heard promptly at the next
term of the court regardless of the
place of session, and must have place
next after the habeas corpus and Com
rnonwealth cases are argued This
means that II the attorneys are ready.
the case will be ready for trial before
the middle. of November.
Charges Two Cents.
The Washington Southern was one
of those railroads which compiled with
the order of the commission issued in
1907, reducing the maximum passenger
rates on the principal railroads of Vir-
ginia from three to two cents per
j
TO the petition of most of these roads
heard in February, 1903. when the rate
was increased to two and one-halt
cents per mile. 1t has. therefore, con-
| tinued to collect the two-cent rates.
On October 20, 1903. the Washington
| Southern, an important link In the
| Richmond Washington line. filed what
| was denominated a supplemental petit.
ton, asking for rehearing on the
! rate matter. This was granted
/ The former hearing was had on De.
4 cember 2 and of last year. Evidence
/! was adduced aimed to show that the
\ purely intrastate business OF the Wash
! ington Southern was done at a loss
/ Conductors told OF the trouble to which
they were put by reason OF one. rat'
from Richmond to Alexandria and an
other from Alexandria to Washington
| Attorney Hill Carter and others rep
resented the railroad, and Attorney
] General Anderson appeared for TIL
| Commonwealth.
/ tt was not until the latter mart o
June OF this year, however, that
decision was rendered. The commits
sion then entered an order refusinl
ing the company to charge two and
half cents, the same rate as is in vogu
on most of the leading railway line
of the State In it's opinion the com
mission called attention to low rebat
rates made by the line in carrying pas
sengers. justifying the increase per
mitted.
filed dissenting opinion. saying tina
4 he did not think the Washingto
A Southern should be permitted to charg
4 two and a half cents. ','lt that It's max
tmum passenger rate should be left a
1.-TWO cents per mile.