Show STATE COURTS MUST ST TRY CASE CUE Supreme Court Hands Down Decision Involving Power of Railway Commission CIRCUIT COURT OVERRULED DECISION ON NARROW GROUNDS AND MATTER NOT SETTLED Washington SO Justice Holmes today todar announced the decision of the supreme court of or the United States In Inthe inthe Inthe the case of or the Virginia railroads versus the State Corporation Commission of or Virginia calling Into Question the order of the commission a uni uniform Un form rate of or 2 i cents a mile mite for tor carry carrying lag ing In passengers In the state The de decision cislon reverses reveres the of or the United States circuit court for the eastern district of o Virginia VIrcinia but only on the narrow ground that the rail railroads railroads railroads roads have appealed from front the commis commissions order to the supreme court of or Virginia before seeking the Intervention Intervention Intervention tion of the federal courts Must First Exhaust State Courts In effect the court directs that the railroad companies take their case to the state court of or last resort and that In n order to prevent Injustice through i i the application of the statute of or limit limitations limitations limitations the case be retained on the docket of o the Ule United States circuit court by b which It was Avas originally de decided decIded decided favorably to the roads rO 8 It is not the Intention of othe the de decision ision that the should resort to the Virginia supreme court 01 ot ap aji appeals appeals peals and after Its Us derision is ren rendered rendered dered the feu 1 supreme court but that if It the er J ct of the Virginia court Is not satisfactory tOry the roads Thai may r tile the In Inthe Inthe Inthe the United States circuit court On this his point the court said saidI Jf I the rate should be affirmed by b the supreme court ourt of or appeals and the rail rall I I I I roads still regard It as they the will be at liberty lI ert to renew their application to the circuit court with without without without out fearo being met by bya a plea pl a of r res It will not be necessary to o wait for a prosecution by the com corn commission commission mission Jumped Into Federal Court CourtIn In the case ease the Virginia commission had fixed a rate of 2 cents oer cr mile and was proceeding to publish It and take the Initial steps to enforce It ft Thereupon the railroads went into the circuit court of or the United States and obtained an Injunction against the commission enforcing the rate on the ground gound that it I was To the bill bi In this case the members of or the Virginia VIrinIa commission demurred demur not I raising the question of the merits merit of I Ithe the rate but claiming that the commission had exercised the author authority authorIty ity it and jurisdiction of o a court and that tat Its Is order was therefore res and could not be InQuired into or In Interfered interfered with wih by b the circuit court curt of ofte the te United Uni States The supreme court Justice Juste Holmes Holme delivering the time opinion opinion overruled this contention c n holding holding that the th sion slon Io Is rs not a court c urt when making a arate rate bufis acting and add action is not res and Is not beyond the reach of the federal courts If I It violates any an provision of the con of t the United States Under the Virginia Virgnia system however an ap appeal appeal appeal peal is given ghen as of right from the he ac action acton action tion ton of the commission making the rate to the supreme court of o appeals of that state Given Right of Appeal The supreme court curt of o the United States further held that the action of the court buit ud of or appeals of Virginia Virgnia on such appeal from front the commission In InI making the rate Is Itself legislative I and not Judicial and that it likewise Is subject to be InQuired into and if Ir it violates any constitutional right of or orthe the carrier is subject to be enjoined In Inthe inthe inthe the circuit court of the United States States The supreme court further furher held heid how however however ever eer that as the state of or Virginia VIrgnia had given this right of appeal from front the commission the final legislative word ord ordo of o f the state in t the rate rat is not said until the state court of ot ap appeals appeals appeals peals says sas it It and an that under these cir dr circumstances circumstances it ft Is proper for the carrier before going Into the federal court to see If the state court court of appeals will wm not correct the wrong wrone wrong of or the commis commission commission sion which is complained of or and amI if It I refuses it will wl then be time for the carrier to come ome into the circuit court of the United States Bill Bi Retained In n Circuit Court The United States supreme court therefore while reversing the decision of the court below blow ordered that the bill bi be retained in the circuit court curt to tose see se what the court of or appeals anneals of f Vir Virginia VirginIa ginia will do when an appeal appel Is tak taken n nto to it I and if I it is now too late to 10 take an appeal the tile order of the te United States circuit court enjoining the Vir Virginia VIrginia ginia glum commission must be affirmed If I the court of appeals Virginia however entertains the t appeal then the railroads would have bave the te right ri bt to proceed In the circuit court of or the United States tates to question queston the validity of any V y order of or the Virginia court of appeals as a contrary to the tion ton of or the United States The railroads s claim that they are practically given every substantial right which they the contend for forThe forThe forThe The courts cours action acton in reversing the circuit court was l based ased on 01 the fact 1 that the roads had bad failed taie to appeal to the state cour before Ine ing Ine the Intervention of or the United States circuit court cour u |