The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-11-19

not only contrary to sound policy, but re-
pugnant to every principle of fair dealing,
inasmuch as under it the result is one rate
for the importunate, while those who are
not apt at begging, or do not happen to be
in favor with the managers, must pay an
other and higher rate
Mr.. Marcy, the general freight agent of
said company, testified in substance before
the committee that they always made
special rates to those who asked for them.
The minority of your committee think
that the benefits of great public franchise,
so far as they inure to the public, should
be enjoyed alike, and that determinations
In favor of one person over another ought
not to be tolerated and if they are prac-
ticed, as was shown in this case, it is the
duty of the legislature TO interfere, and by
their sovereign power put stop TO the
practice.
The minority of your committee do not
think that the commission to fix the rates
upon said railroad should be in any sense
political but wholly judicial and should
be appointed by the court, aud that the
rates established ought not to be conclusive
for a longer term than two years nor
should the bill include the Rutland and
Whitehall railroad, whose charter seems to
be beyond legislative control. They there
fore recommend that the bill be amended
by striking out all after the enactng clause
and inserting the accompanying bill and
when so amende | they recommend the pas
sage of the bill.
The following is the substance of the
substitute bill
Sec. provides for the appointment, by
judge of the supreme court, upon appll-
cation of ten freeholdcrs and residents of
| the state, of three suitable persons who
| shall be commission to determine and es-
tablish the compensation for transportation
in this state of freight, passengers and cars
over and upon the Delaware & Hudson
canal company's roads.
Sec. provides that said commissioners
shall give suitable notice, within ten days
after their appointment, of the time and
place of holding a hearing, and at such
time they shall give reasonable hearing to
all who shall appear before them and are
authorized to administer oaths if required.
Sec. provides that at the close of said
hearing the commissioners shall establish
the rates and cause a schedule of such rates
to be published in the Rutland newspapers,
and also to be posted up in every station
house upon the line of said railroad and
that none greater than said rates shall be
demanded or received for transportation.
Sec provides that such rates estab
lshed shall remain unchanged for the
period of two years and thereafter until
changed and that at the expiration of two
years from the publication of such rates
any person may petition any judge Of the
supreme court for the appointment of &
commissioner to readjust and establish the
rates for said purpose; and for the publ
cation of notice of such petition in two
| uSNsPdpNio piihASh III ltptiohu Npohtg
and for the appointment thereupon by said
Judge of three suitable persons as sucl
commission, the latter to proceed IN all re-
spects as provided for in the first section, ant
the rates thus established to remain lega
for the next two years.
Sec. 5. Provides for the punishment upon
conviction of any person, who shall de
mand or receive any sum greater than The
rates fixed by said commission for trans
portation over said companys roads, by
fine of not less than one hundred dollar
nor more than five thousand dollars, and BY
confinement in the county Jail until sucl
fine is paid and for the prosecuting o
J persons, by the states attorney or gran'
, Juror, upon complaint made under the law
/ governing other cases of misdemeanor.
Sec. 6. Provides for the punishment, &c
cording to preceding section, of any con
| ductor, agent, or servant of said railroa
who shall refuse to receive or transpor
any freight, passengers, or cars upon pay
, ment of rates established by such commits
sion.
Sec. Z. Provides for the maintenance G
, an action of debt by any person frol
whom sum greater than the rates estal
y lished by said commission shall be demant
e ed against the person so demanding, thre
y times the amount of such excessiy
y charges and that any person refusing
S receive or transport any freight, passenger
+ Or cars at such rates shall be liable to ii
o person offering it for all damage occasion
: ed by such refusal, to be recovered in a
4 action, and in such action the court ma
d allow to the plaintiff a reasonable sum fc
G attorney fees, to be taxed with the oth'
Il costs in the case.
l. Sec. 8. Fixes the salaries of the COMM
n sioners at five dollars per day and the
1t travelling expenses.
II Sec. o. Provides that this act shall tai
Is effect from its passage.
t, ------------------
). More Indian PhilanthrOpists.