Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-09
RAILROAD BILLS.
Jonathan Ross, Chairman Of the
Railroad Commission, Has
Two Prepared.
POWERS OF COMMISSION
Greatly Enlarged in the Proposed
Measures-Gves That Body Full
Powers of q Lower Court-W ould
Force Railroads to Make
Proper Connections.

legislators returned to Montpelier this
evening and for those who have remain
cd here over the long recess time be-
gins to hang heavy.
The Hon. Jonathan Ross, chairman of
the State board of railroad commission
crs who arrived in Montpelier this even
ing, has prepared two important bills
which will be introduced on Tuesday or
Wednesday. One is entitled "An act to
create a board of railroad commissioners
and to define and regulate Its powers
and duties"
THE FIRST BILL.
This bill provides there shall be a
board of railroad commissioners consist
ing of chairman and two associates.
he chairman shall be a person versed
in the law; one of the associates shall
ho when practicable. person expert
tnced in the construction and operation
of railroads and the other shall be a
practical business man.
The term of ofnce except two of these
first appointed and those to fill vacancies
shall be six years. The first appointment
shall be one commissioner for six years,
one for four years and one for two years
and thereafter the governor shall APP
point one commissioner biennially for six
years The clerk shall have all the pow
crs and discharge all the duties incident
80 n clerk of court of record and shall
recognize to the chairman of the board
In the sum of $1,000 for the faithful dis
charge Of mis- official duties. The clerk
shall have mis- office in the State house
at Montpelier.
Two of the most important sections in
the bill are as follows: THE board of
railroad commissioners shall have the
power of court of record, both at law
and in equity in the determination and
adjudication Of all matters over which it
is given jurisdiction 1t may render
Judgments make orders and DEGREES and
enforce the same by any suitable process
issuable by courts of law and equity in
this State. II shall have an official seal
on which shall be the words State of
Vermont board Of railroad commission
ers. official seal"
The board of railroad commissioners
shall hold regular sessions at the rooms
set apart for its use in the State house
elsewhere in Montpelier on the first
Thursday Of each month at which time
and place all original PROGRESSES Issued
by II shall be made returnable. 1t shall
grant hearings and hold Investigations at
some convenient place in the county in
which the matter arises unless by
agreement of the parties in interest.
The board may and shall upon the re-
quest of any party in interest visit and
be inquired into. effected or changed by
inspect the locality where the matter to
order. Judgment or decree arises
ANY party to a cause who feels him
self aggrieved by the final order judy
ment or decree of the board. shall have
the right to take the case to Supreme
Court by appeal for the correction of
any errors excepted to in Its proceedings
or In the form or substance in Its or
Gcrs, Judgments or DEGREES, on the facts
found and reported by the board"
The bill also provides that appeals
from the board of railroad commission
shall be taken and the cause entered
In Supreme Court in the county whore
the cause arises in the manner and I'M
der the law and rules OF procedure which
govern such appeal from the court OF
chancery. The Supreme Court shall have
the same power therein as 1t now has
over appeals from tho chancery court.
After providing for the board having
supervision of all railroads in the State
and giving it power to examine the
books. accounts and papers Of any cor
poration operating railroad within this
State and providing a penalty for re
fusal to testify before the board the bill
provides for the employment at the ex
pense OF the State of an engineer, &C
countant stenographer or other expert.
One important feature In regard to &C
cidents fatal or otherwise IS that thu
cause of the accident when determined
shall be prima facie The true caus,
thereof and may be given in evidence al
suoh In any subsequent proceedings be
tween any Of the parties to the investiga
ton wherein the cause Of the accident Il
In contention.
The bill also provides that the boarc
of railroad commissioners shall hav,
Jurisdiction to hear, determine. rende
Judgment and make orders and DEGREES
n matters respecting the crossing o
one railroad by another, all highwa!
grade crossings and signs, signals, gate
II fagmen at the same; the location
Efficiency and maintenance Of prope
depots and stations; the construction an'
maintenance of proper fences. cattl
guards and farm crossings the main
tenance Of tracks frogs. switches. gates
signals culverts, bridges and othe
structures; the connections times o
ronnections between connecting road
for the accommodation of the travellin,
public and the transportation Of mer
phandise; the Issue of stock, mortgag
bonds or the issue of other securities Il
order to prevent over capitalization
tools and rates when unreasonable or Il
violation of law; the manner OF oparatil
OF railroads and conducting the bushes
thereof as to be reasonable and OK
pedient and to promote the security con
venience and accommodation to the pub
lie; the organization Of railroad corpora
lions by voluntary associations.
The bill also provides that the boar
may establish uniform system 70
keeping railroad accounts. 1t is to repor
biennially to the general assembly an
one Thousand copies of this report sha
be printed at the expense of the Stat
The bill also provides for the repeal q
chapter l72 Of the Vermont Statutes {
lating to railroad commissioners.
THE SECOND BILL.
The other bill to be introduced b
Judge Ross is entitled Relating to raj
roads and In amendment of 81 section
of the Vermont Statutes and repeating
sections. The first section of this bi
provides that when articles of associs
ton for a proposed railroad corporatio
are filed petition shall be presente
to the board Of railroad commissioner
to hold a public hearing to determin
whether the construction OF the propose
railroad will be to promote the good
the State and also whether they hay
complied with the provisions of III
statute for the formation of a railroa
corporation of voluntary association,
One important feature of this bill
an amendment of section 1868 as follows
The board of railroad commissioner
shall have power to determine the tin
or times when the passenger trains
connecting railroads shall connect wit
each other, having In view the col
venience of the travelling public.
Section $500 Is amended so that II
board OF railroad commissioners may
their discretion exempt any railroad
from the provisions relating to mileal
books.
Section 1922 Is amended to read III
railroad company employs or retains