The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-02-26
Carrier Bill
Continued from Page onso

Continued from Page OnS)
in favor and against the act. Upon
examination OF the House and Senate
Journals find that there were only
two votes against this bill In the
House and four against it i'll the Sen
ate, so It is apparent the legislature
was practically unanimously in favor
OF the bill. 1t is alleged by its oppo-
nents that the bill is unconstitutional,
but fail 10 find any substantial rea.
! son Off such contention, This act
will, in my opinion, accomplish what
| IL purposes 10 do, to.wit, preserve COM
! petition among common carriers I'M
the State OF West Virginia and pre-
vent monopoly of the business OF conf
mon carriers and protect interstate
commerce from restraint and monop;
oily. Section Of the act prohibits any
railroad company organized under the
laws OF this or any other State which
OWLS, controls, operates or is Interest,"
ed in any railroad in the State of West
Virginia, or which transacts business
i in tho State OF West Virginia. from
consolidating its stock OF franchise
with TINT or any other parallel or CON,
petiting railroad company It is very
clear to my mind that this is right and
ought to have been the law long since.
"Section ] also prohibits any rail-
road doing business in this State leas-
ing, purchasing or in any manner be
coming an owner or Or interested IN
any parallel or compelling line or
railroad any part OF which is located
in the State of West Virginia. | think
that is right and ought TO be law in
\ West Virginia
Section . prohibits any director,
officer agent, representative or attor'
ney Of any railroad company doing
business in this State from acting or
4 serving as president, vice president,
director or general executive officer of
any kind of railroad company owning
Or controlling or interested in any par
allel or competiting line. i can see
no reason why this is not right.
This act gives railroad companies
doing business, in this State until the
first day of July. 1913, to direst them
selves Of any ownership Of capital
stock or equitable interest in any
shares Of the capital stock of another
railroad or competing OF parallel
line or railroad in this State.
Any violation Of the act issmode a
misdemcanor and the penalty is a fine
of not exceeding one thousand dollars
and confinement in jail Tor not less
than six months or more thNn year
for each offense, and the circuit and
criminal courts Of the counties of the
State in which the railroad is engag-
ed in business are given jurisdiction
| to try aud punish offenders.
"The act also confers upon circuit
courts jurisdiction to prevent and re,
strain violations Of this act. and by
mandamus 10 compel obedience to~its
i provisions, and makes 1t the duty Of
the prosecuting attorneys OF the sew
era} counties under the direction of
the attorney general to institute pros
ecutions In equity aud at law, in the
name of the State of West Virginia, to
enforce the. provisions Of this act,
II can see nothing in tits act that
is not in harmony with It's title, and
certainly the good citizens Of west
INiygi1ta Want toI do whatever is nee
essary and right to preserve competi;
ton among common, carriers in this
State and, prevent monopoly Of the.
business OF common carriers and pro
tect interstate commerce from re
straint and monopoly"
CHARLESTON, Feb. 25.=4A meas.
qre over which there was considerable
discussion and heated debate was
House bill No. %, offered by Delegate
Parrish, Of Harrison county The.puf.
pose Of the bill, according 10 the title,
lbs to- preserve competition AMONG.
I:eomnica carriers insth e State of3 West
lNil t1iS aid to ptesstst monopoly
|ifhe business 81 common carriers ind
1roiet commerce RON fai
......l..i .l,,.,l.. Mn Ri nm