The daily gazette., 1879-02-05

commissioners having some judicial
powers, only, by few regulative enact
ments wonderfully replaced the other
forms. Massachusetts and nine other
States have adopted about the same
means of control. In the West whore
granger laws we're the first tit medicine
Of making these usurpation monopolies;
breaking down their strength. The COM
mission is adopted and few complaints
from the public or corporations are
heard.
In describing the bill which we offer
i can do no better than to use The Ian
guage of Mr.. Adams on the subject of the
action of the Massachusetts act, from
which all bills of this sort are modelled.
In this act the fundamental idea Is pub
liclty, the committee upon public opin-
ion. The law creating the board and dc.
fining its field of action was clumsily
drawn, and throughout ii there was ap-
parent spirit of distrust in its purpose.
In theory an experiment, in reality it
was a makeshift.
The powers conferred in the commits
sioners hardly deserved the name and
such as this were they drawn carefully
hedged about with limitation against
their abuse Accordingly when thecom-
missioners entered upon their d uties
they were inclined to think that they
conld hardly save themselves from fall
ing in, to contempt from mere lack of
ability to compel respect for this divi =
sion. In this, however, the law could
not have been imposed.
Had it not been a fagrant legislative
game It would have been an imposition.
The only appeal provided was to pub
iicity. The board Of commissioners was
set up as a sort of lens by which the
otherwise scattered rays of public opin-
ion could be concentrated to focus and
brought to bear upon given point"
The act which MIR. Green prese nted at
the conclusion of his remarks is substan-
TALLY as follows.
Section LIST. There shall be board of
railroad commissioners consisting of two
competent persons, to be appointed by
the Legislature within thirty days after
the passage OF this act, for the term of
two years and if a vacancy occur in said
| board by resignation or otherwise, a
commissioner shall be appointed for the
residue of said term by the Governor of
the State. Said commissioners shall be
sworn to the due and faithful perform
ance of their duties of their office, before
entering on the discharge of the same
aud no person in the employ of any rail-
road corporation or owning stock i'll any
railroad corporation shall hold said Of.
flee.
The second section provides that no
person holding the office uf commissions
er shall personally or through any part
ner do no business with railroads in the
State unless in its capacity rs a carrier
The third section is to the effect that
the commissioners shall have the general
supervision of all railroads and shall keep
themselves Informed ~ to their condi-
ton and manner of operation with re-
ference to the security and accommoda-
Jlon of the public, and shall especially
look to the compliance with all laws OF
the State.
Section 4th. Whenever railroad shall
violate anv law or fail to comply with
the terms of this act the corporation shall
be notified in writing and If the violation
or neglect shall be continued or repeated
the board shall forthwith notify the At.
torney General who shall take such ac.
ton as shall be deemed expedient.
Section 9th. Whenever, in the judg.
ment of the commission 1t shall appear
that any repairs, charges, in the manner
of conducting the affairs they shall give
notice in writing of what the think to be
l -.
report to the Legislature.
Section 9th. Every railroad company
shall at all times on request made to Its
President furnish the railroad commits
Sioners any Information req quired of then
concerning the condition, management
or operation of its railroad and particu
larly with copies of its leases, contracts
; and agreements for transportation witt
express companies, individuals or other
!, wise TO which it is a party and also with
the rate OF freight or passenger trans
portation. And lift shall appear from
such information or f ON any other in
formation obtained by said commissions
ers that any railroad has made any dis
elimination in freight charges the AT
torney General shall be notified ant
J take such action as shall be deemed ne
! ces>ary.
Section 6. No request or advice of tn,
!. to impair in any manner or degree III
legal duties OF obligations of any railroad
corporation or its legal liability for tn
consequence OF its aciS, or the neglect o
management of any of its agents or ser
wants.
. Section 7. The board of commssi oner
shall make regular report TO the Legis
" lature Of their doings including sue
l statement, facts, &C., az will disclose tn
5 actual working of the system of railroads
n i'll its bearing upon the prosperity of tn
State and such suggestion and recon
msndatiOn as the general railroad poilcl
. render necessary.
. Section y. Authorizes the commission
= ers to employ clerk skilled in railroa
: accounts at a salary of $500 per year.
t Section 10. A railroad corporation RI
sfusing to submit its books to the exam
nation of the railroad commissioners O
y refusing or neglecting to make an annt
O al report on the lst of January, shall for
felt $50 in each case. Such st.temen
N shall include all particulars respett ng th
W railroad, and lis accuracy shall be swor
n to by the Superintendent and Treasurere
Il said road.
II Section II. The salary of the commi'
II sioners shall ne $500 a year. The raj
r road shall transport them free of charg
e while in execution of their duty and the
- shall employ temporary clerks, &c, if
- shall he deemed necessary.
Section IL. The annual expenses {
q the commissioners shall be paid out ,
N the State Treasury by the Treasurer.
This act wa, unanimously declared I
l. be the expression Of the id as of til