Commonwealth Ex Rel. Attorney Gen. v. Atl. Coast Line R. Co
Decision Date | 22 November 1906 |
Citation | 55 S.E. 572,106 Va. 61 |
Parties | COMMONWEALTH ex rel. ATTORNEY GENERAL, v. ATLANTIC COAST LINE R. CO. |
Court | Virginia Supreme Court |
The State Corporation Commission, organized under Const. § 156 (c) TVa. Code 1904, p. ccliii], providing that in all matters pertaining to the public visitation, regulation, or control of corporations, within the jurisdiction of the commission, it shall have the powers and authority of a court of record, etc., has jurisdiction in a proceeding before it, by the state, to compel a carrier to issue mileage books at a reduced rate, as required by Act March 15, 1900 (Acts 1900, p. 541, c. 256), to pass on an issue raised as to the constitutionality of such act.
Act March 15, 1900 (Acts 1900, p. 451, c. 250), requiring all railroads operating in the state to keep on sale at all times mileage books of 500 miles and over to be sold at not more than 2 cents a mile, and good for the use of any dependent household member of the family of the parry to whom it is issued, dwelling under the same roof, within one year from the date of the same, was unconstitutional, as depriving railroad companies of their property without due process of law.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 10, Constitutional Law, §§ 832, 847.]
A decision of the United States Supreme Court holding a state statute regulating railroads unconstitutional, as a deprivation of property without due process of law, is conclusive on the courts of another state in determining the validity of a similar statute of that state.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 13, Courts, §§ 329-334.]
Appeal from State Corporation Commission.
Petition by the commonwealth on relation of the Attorney General against Atlantic Coast Line Railroad Company. From a judgment of the State Corporation Commission, dismissing the petition, the commonwealth appeals. Affirmed.
William A. Anderson, Arty. Gen., for the Commonwealth.
William B. Mcllwalne, for appellee.
This is an appeal from a judgment of the State Corporation Commission denying the prayer of a petition filed on behalf of the commonwealth by the Attorney General against the Atlantic Coast Line Railroad Company, the object of which was to compel the defendant railroad company to comply with the act of the General Assembly, approved March 15, 1906 (Acts 1906, p. 451, c. 256), requiring all railroads operating in this state to keep on sale at all timesmileage books of 500 miles and over at a charge of not more than 2 cents a mile.
The State Corporation Commission has, in a written opinion made a part of the record, after stating how the case arose, set forth in a very satisfactory manner the reasons why the relief asked on behalf of the commonwealth could not be granted, and we therefore adopt its opinion as a part of the opinion of this court.
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