Chap. 35.—An ACT to provide for defending certain suits in the United States
courts by railroad companies, against the members and the clerk of the State
corporation commission, involving important public interests, and for in-
demnity to the defendants in said suits.

Approved February 8, 1908.

Whereas, six suits have been instituted by certain railroad companies
against the members and the clerk of the State corporation commission
in the circuit court of the United States for the eastern district of Vir-
ginia, involving the legality and existence of said commission, and the
validity of its acts in prescribing the rates which shall be charged by the
railroad companies of the State for the transportation of passengers ;
and, whereas, it is important for the interests of the Commonwealth
that said suits shall be defended, and the assault therein made upon the
tight of the State through such a tribunal to justly regulate all public
service companies in the matter of the discharge of their duties to the
public, shall be resisted by all lawful means, to the last extremity; and,
whereas, costs and expenses have been and will be incurred in defending
the great public interests involved in said suits, and in maintaining the
just rights of Virginia in the premises, which the Commonwealth should
defray, and liabilities for possible damages, against which the public
officers defending said suits should be indemnified, now, therefore,

1. Be it enacted by the general assembly of Virginia, That the action
of the governor in retaining Messrs. A. C. Braxton and John W. Daniel
as special counsel with the attorney-general in said six suits in the circuit
court of the United States for the eastern district of Virginia, and, in
the supreme court of the United States, is hereby ratified and approved ;
and the sum of twenty thousand dollars, or so much thereof as may be
necessary, is hereby appropriated for the purpose of defending said suits,
defraying the costs incurred by the defendants therein, in making de-
fense to the same, and in carrying the same to the supreme court of the
United States upon appeal, paying the compensation of said special
counsel, and indemnifying the said defendants against any loss or liability
on account of costs or damages incurred by them in said litigation.

2. The sum hereby appropriated, or so much thereof as shall be neces-
sary, shall constitute a fund which shall be under the control of the
governor and the attorney-general for the purposes aforesaid. Accounts
for the agreed fees and expenses of A. C. Braxton, and the fees. and
expenses of John W. Daniel, the special counsel retained for the State,
and accounts for any damages which may be adjudged against said de-
fendants or any of them in said suits shall be approved by the governor
and attorney-general; and accounts for costs of suits, costs of printing,
or other legal costs or expenses heretofore or hereafter incurred in de-
fending said suits or any of them, or in taking, perfecting, and prose-
cuting any appeals taken by the defendants therein to the supreme court
of the United States, shall be approved by the attorney-general. Upon
accounts so approved being presented to him the auditor of public ac-
counts shall draw his warrants upon the treasurer for the amounts called
for by said accounts payable to the respective persons named in said
accounts as entitled to receive the same; and it shall be the duty of the
treasurer to pay such warrants out of the fund appropriated by this act.

3. As it is important that the money hereby appropriated shall become
immediately available for the purposes of this act, an emergency exists
for its enactment, and this act shall be in force from its passage.