The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1884-12-24

Ia not intended to be court. 1t Ia intended
to be guardian, n watchful and impartial
guardian Of the rights OF all. 1t is intended
to listen and to investigate and to set this
machinery in motion II, in its Judgment,
upon consideration OF all the circumstances
OF the case, it is wise to do So Now, my
friend knows perfectly well that under this
great system Of railways there might be, and
would undoubtedly be, great many friv-
olous complaints; there would be great
many malicious complaints, and 1t is not that
sort OF complaints that the law Is intended to
meet; 1t is not that sort of difficulty that we
aretrying to cure. We are trying to cure real,
subtantial evils existing in this country,
and / say this machinery Is adequate for
the purpose. If you constitute such a
board as this, you may safely intrust to it
the discretionary power to say whether 1t
will entertain complaints or not. That is
the first point. Now this board will have
power to 90 on and investigate. 1t is true
the investigation of the board does not ripen
into Judgment. Perhaps the bill should 90
a little farther, and say that where man
claims damages the commission should in
quire and report its judgment as to the
amount of damages that should be given
| should have no objection to such an
amendment ] think on the whole, it
would be an Improvement, although such
Judgment. We are accustomed
to respect courts that not only have the
authority to render judgments, but are
clothed with power to execute them; and
we are disposed to say with reference to
such proposition as this This is non
sense, because it does not result in any,
thing absolute and final But think my
friend, and gentlemen who think with him
on this subject, underestimate the moral
power OF such board as this. | undertake
to say that the very existence of such a
board, representing the sovereignty of this
al
pose OF the American people to see that
justice is done, would exercise powerful
and controlling influence upon the great
corporations Of this country. | have not a
doubt of it, and do not believe my friend
has. If Charles Francis Adams, who is an
expert on this subject, a man whose charac-
ter is above all possible reproach, should be
associated with two other men competent
to deal with this subject-if a board thus
constructed should sit and hear complaints
OF this sort, listen to the evidence carefully
and patiently, upon notice to both sides,
and should then come to a finding, do you
suppose, Mr. Speaker, that there is any rail-
road in this country that would not respect
such finding? There would never be any
occasion to invoke the aid of a court after
such finding. Mr.. Speaker. at
the risk of repetition, allow me to summarize
my view upon this point: An intelligent, up
right and independent board, representing
the government of the people, standing be-
tween the people and the railways, charged
with the duty Of careful supervision of the
relations between the two, and clothed with
powers sufficient to preserve their just bal
ance, would command the confidence of all
parties, and its deliberate behests would
challenge respectful attention and obedience
by railway managers. The bare fact of the
existence of such a commission, whose ac-
ton could be summarily invoked by any
citizen, however humble, would exert a
strong and constant tendency to bring and
keep the management of the roads of the
country within the limits of righteous deal
ing. Notice, too, that the federal courts are
brought into swift concurrence and aux
iliary action with the board in the exercise
of its functions. Ample provision is made
for speedy and intelligent investigation
while the roads are secured against hasty
action by provision for notice, which gives
opportunity for retraction or correction of
ascertained error. The substitute bill leaves
the wronged citizen to make alone such
case as he may dare to undertake against
powerful and arrogant adversary, and at
tempts to fortify his weakness by severe PEN
alties of doubtful expediency; while under
the committee bill the machinery for redress
is put in motion and controlled by board
purpose of the whole, not for the enforce
ment of rigid, artificial, arbitrary rules, of
ten of injurious application, but for the wise
enforcement of sound and just general
principles, broad enough and flexible
enough to meet all emergencies, without in
jury or injustice to either citizen or carrier