Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-12-14
CHARGE OF CRAFT UPON HIM
Railroad Commissioner George T. Howard Scored
by Legislative Committee
Commissioner Bingham Has Clean Record and Commissioner
Smith Was lndscreetiOw Howard Worked the Game with
Vouchers. Should Be Prosecuted

as counsel in the case. But Mr.. Smith did
not sit as commissioner, and made no
charge against the state for his services.
And while this act may not be in viola
ton of the strict letter of the law yet
we are unable to believe that the legis-
lature ever intended to create a board
whose members or any one of them could
use the power of the state to secure evil
dence to be used In the prosecution of prl-
vate lawsuits. And when II is considered
that section 1887 of the Vermont statutes
requires the commissioners to inquire into
any accident resulting in loss of life we
are of the opinion. In view of the pro-
visions of section 1909 of the Vermont stat
utes, that such action on the part of a
commissioner is in violation of the spirit
of the law, and merits the severest CEN
sure.
General Work Of Commission.
We further find that the duties of
commissioner consists principally in maxi
ing preliminary inquiries about and pub
lie Investigations of accidents as afore-
said, hearing certain petitions, making
orders relative thereto. inspecting rail-
roads and other duties, as i'm the law
and in their report heretofore published
more fully and at large appears.
Turning from the general duties and
acts of the commission to the services
find that Fuller c. Smith is chairman,
that he has attended TO all the various
duties enumerated, including the prepara-
ton of the findings of the board as to ac-
cidents, petitions and practically the
whole of the biennial report. His CORE
spondence was necessarily large. but he
spent much less time inspecting the rail-
roads than either of the others. Henry s.
Bingham was clerk of the board and
kept its records. made copies thereof for
parties interested, without charge to
them, attended to a large correspondence,
and spent much time and labor in the
preparation of a revised docket of the
business of the commission, he also at
tended nearly all public hearings and as
sisted in all the inspection work as we'll
George T. Howard has charged for no
office work at home. His duties have con-
sisted principally in preliminary public
Investigations and inspection work
Smith and Bingham All Right.
The law allows each commissioner Sc
per day for services rendered and his
necessary expenses. For the purposes OF
this resolution we examined and COM
pared the accounts of the commission
ers, each with the other two, from
June l, 1904, to September l. 1906,
period of q months. These accounts
with vouchers apparently proper, are on
file In the auditors office and all are
sworn to as containing true and correct
statements of time actually spent and of
money necessarily paid out. The ac-
counts of each appeared to be correct.
but after the said examination and COM
parison we called the commissioners be-
fore us. and we find. from their and other
testimony filed herewith and the said
sworn accounts and vouchers that the
time for which Commissioners Smith and
VaerIno wn. i
that the expenses so allowed to them are
just and reasonable, except possibly In
one instance when Commissioner Smith
charged to the state his expenses for five
days while in Wilmington preparing the
biennial report. In Commissioner Smiths
vouchers there was, and is, at first sight
an overcharge for the month of April,
1906. but on examination we find that
seven days which were credited to April
should have been charged to May The
voucher shows q days of service in
April but none in May. 1t should read
20 days in April and seven in May. The
error is explained by the putting of
ditto marks under the April account
instead of entering the month of Nav
therein. The day book and private diary
of the commissioner shows the same to-
tai per diem and expense for April and
May as the state vouchers show.
OHS Oldlm OlSdHoWed.
Commissioner Smith testified in re-
Spouse to a question by Senator Chase
that the state auditor had never ques-
toned one of his accounts. We find, how
ever, that such is not the fact. for 1t ap-
pears from the original sworn statement
OF account he filed with the auditor that
on the 18th day of December 1904, and
within the period investigated, Commits
sloner Smith submitted for allowance a
claim of 5000, II being for nine days'
service $50 and $3.50 expenses in at
tending the convention of the National
association OF Railroad Commissioners at
birmingham, Ala, in November 1904
rms account was properly disallowed by
the auditor, as by said files appears. Fur
thermore Commissioner Smith had been
nouned or this intended holding back on
the part of the auditor previous to his at
tending the convention as aforesaid. bnt
when testifying before your committee a
week later to the time he answered SEN
atof Chase as above stated he claimed
that he had forgotten that the auditor
mad In June. 1903, refused to allow such
claims and that he did not mean to in
clude this Birmingham claim (Which was
on a separate voucher) in his answer.
crookedness by Howard.
AS to the accounts of Commissioner
find from the evidence above referred to
that while Commissioner Smith had
charged and been paid for 313 days office
work and for 23l days away from home.
and while Commissioner Bingham has
charged and been paid for 215B days'
work in his office as clerk and for 2S2 days
away from home on hearings and inspec-
tons, yet Mr.. Howard has charged dur
ing the same time for 414 DAYS work
away from home on hearings and inspec-
tons, although the evidence does not dis
close that he should have spent any more
time In this business than did Commits
sioner Bingham.
How Howard Got to Train.
Mr. Howard lives at Craftsbury. The
nearest railroad station is at HardwicE
10 miles away. There is public con-
Veyance leaving Craftsbury at $50 in the
morning and at about 2.3O in the after
noon. During this period there has been
train leaving Hardwick daily except
Sundays at about $50 in the morning, and
another at about $50 In the afternoon.
1t ordinarily takes about an hour and a
half to drive from Craftsbury to Hard
wick. To take the morning train Mr..
Howard would have to start from home
at about o'clock, and to take the after
noon train he would have to leave Crafts
bury at about o'clock in the afternoon
unless he went by the said public convey
ance. The fare by public conveyance is 70
cents.
Charged 1886 for Starting.
During the period examined he has
charged the state for Sc DAVIS (S336l vUhara