The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1886-11-10
The Railroad Commission Bill Hearing.

The first public hearing on the various
railroad commission bills before the legis-
lature was held in the senate chamber No
vember I'd and was presided over by Chair
man Stoddard of the senate, and Marsh of
the house. committees. Chairman Marsh
called on any one of those interested in favor
of the passage of any such bill to state his
case, which invitation was accepted and re-
| sponded to by Representative Higbee of
| Charlotte. Mr.. Higbee explained that the
bill introduced by him was demanded by
the people of the state, and was fair and
| equitable. He had no interest except as a
taxpayer He proposed no class legislation
and intended to prejudice no ones rights
| Such a law has worked well in Massachu-
sets, and should serve equally well in Yer
mont. He preferred to have the commissioner
elected by the joint assembly, AS it was es-
sentially a peoples measure. The state
should throw down the gauntlet of defianc
to the corporations only as a last resort
Forcibly, if we must. The railroads were
made for the people, and not the people for
the railroads. Mr.. Higbee read copious ex-
| tracts from decisions and hearings in MaSsa-
chusetts, and endeavored to make a point
on discrimination in freight rates, especially
on coal. Mr.. Higbee read from the testi-
mony of Charles Francis Adams, when he
was president of the Union Pacific railroad,
before the congressional committee of inter-
state commerce, in proof of the satisfaction
of the railroads with the law, and his re-
marks chiefly consisted of quotations. He
wanted the state to try commission based
on the Massachusetts law.
Mr.. G. w. Writers of st. Adams, who APP
| peared for the Central Vermont railroad,
asked those advocating the bills to explicitly
state the grounds of their complaints. Mr..
| Higbee answered that he was not prepared
! to allege any specific instances. He wanted
a commission to present them to, if he had
any. He did not think that any one had
any personal grudge against any railroad
corporation in Vermont. Mr. Writers
thought that no railroad company would
oppose a fair and reasonable commission.
! There are five bills before the committee,
and he insisted that some good reason
should be given for the passage of any of
! them. He asked what improvement could
he made on the act of 1884, and after an
answer is given the directors will answer
the allegations.
General Ripley's bill was then discussed.
Mr.. Higbee related an instance of some
Burlington business man who had been
roughly handled" which party told him
that he dare not complain for fear of being
I" frozen out" by the corporation. Mr..
! Writers asked him to give names and facts,
| but he was not prepared to do so. Colonel
| Walker of Rutland acknowledged himself
the author of the Ripley bill, and thought
it very fair one to all parties concerned.
1t comprises the best elements of all bills
of the kind, but is modelled mostly after the
]
ress on the part of the committee. Don't
fix absolute rates; nothing stringent need
! full. Did not ask that any penalties be
| imposed for noncompliance Simply refer
! all matters to the commission. Only wanted
the railroad companies to obey the orders of
the commission as far as they Were just and
reasonable. That question was for the
supreme court to determine Very few dis
| putes have arisen in states where such laws
are in force, and usually the complaints
have not been proven. There We're only
| four or five left undecided in New York
last year. Colonel Walker did not ask that
all the expense of the complaints be as
! SeSsed on the railroads AT least half of it
should be borne by the state, possibly all.
In answer to an Interrogation of Colonel
Jewett, Colonel Walker explained that the
| duty of the commission was simply to make
recommendations to the supreme court. If
| the complaint is reasonable, the suggestion
! of the commission will be needed without
such recourse if not, a writ of mandamus
will issue to compel obeyance. Colonel
| Walker admitted TO Mr.. Writers that his
| bill embraced all of the most arbitrary fea-
! lures of the Massachusetts and New York
! laws He thought the Massachusetts law
very satisfactory in its workings, but adj
mitted that section 10 of his bill was not
entirely practical.
were not discussed. Mr. Higbee inquired
! if the opposition demanded statement of
specific cases of injustice, to which Mr.,
Writers replied that if the advocates of the
bills have any grievances he wanted them
! stated for the information of the public and
! the committee Senator Baker of the COM
mittee questioned the propriety of the sec
| ton of the bill allowing the commissioners
| to examine at their pleasure all the papers
! and accounts of any railroad corporation,
and the taking by them of copies of every
thing. He thought it gave the commission
rather too much power Mr.. G. G, Noble of
| ST. Adams and Mr.. Percy w. Clement of
Rutland interrogated Colonel Walker as to
some of his propositions. Colonel Jewett
of the Boston & Lowell road said that he
was in favor of a bill fashioned after the
Massachusetts bill, simply advisory and
recommendatory. Mr.. Noble also expressed
himself in favor of bill fairly and equit-
ably constructed, but thinks there is law
enough on the subject already. The rail
roads, however, are willing to meet the
people of the state half way. He thought it