The morning journal-courier. (New Haven, Conn.) 1907-1913, 1908-03-12
SPECIAL LEGISLATION.

1t is possible to extract from hear
ings yet to be held by the commits
sion investigating the advisability of
creating a public service or utilities
commission information which will
let in a whole food of light upon
questions and undertakings of a CO.
ordinate character. 1t is not at all
unlikely. for example, that the bur-
den which may be put upon the gov
ernor Of the state. by a law requir-
ing him to appoint the members of
a public utility commission, may in
turn so increase the importance of the
office as to call emphatic attention
to the necessity of substituting the
direct form of nominating candidates
for the convention form. One i'm
provement in government is very apt
to lead to others. 1t is more than
ordinarily likely. too, that the cure
for the evil of special legislation will
be found to Turk in the creation of
the proposed commission.
One of the impressive results of
the hearing held at Hartford on Mon
day upon the proposed public utility
commission was the revelation of the
mischief of special legislation. While
the great majority present were bent
upon the creation of a body which
should enjoy the power Of properly
supervising the conduct and regula-
ting the control of the public SER
vice companies, there were present
also those, who. while yielding to
none in their interest In that sub
ject, felt an ever increasing conf
dence that it's wise solution would
lead to the elimination of special leg
islation. Let us suppose, for exam
pie, that competent body had been
in existence since the fever for spec
ial legislation began to run its course,
or that the railroad commission had
been empowered to scan and scru-
tinize every proposed new charter.
Does anyone suppose that the pre-
posterous special privileges given to
issue stock and bonds would ever
have been given? When the New
Haven railroad company wanted to
increase its capital stock from fifteen
to fifty millions the railroad commits
sion was directed by the general as
sembly to inquire into the advisability
of the undertaking. 1t did so and
made a voluminous and instructive
report. The same course was fol-
lowed when the company desired to
increase its capital stock to one hun
bred millions. To-day 1t practically
has the power to do as 1t wishes.
though 1t is clear that there should
be some body or commission having
authority to inquire into each and
every proposed stock or bond issue
Special legislation of q privileged
character would under such condi-
lions never be heard of, nor would
Il ever have been heard Of
For further calculation upon the
subject of special legislation of pro-
voking character, one has but to turn
to the special charters held by four
trolley companies selected at random
The especial feature referred to con
Germs the purchase of private lands
The Consolidated is given by the gen.
sral assembly the right to take land
"for the convenience of the public
with the consent of the railroad com
mission. The attorneys for that rail
way construe this to mean that the
general assembly has already extend
ed the right without the assent of the
railroad commission, conclusion
which has not been confirmed by the
commission itself The Thomaston rail-
way enjoys the right to take such
lands as its directors deem necessary
The Shore Line railway can take land
In the manner provided in the general
statutes subject to the consent of the
railroad commissioners The woodbury.
and Waterbury railway can take pri.
vate lands by consent of a judge OF
the superior court. Commissioner Gates
is responsible for the statement that a
like disagreement can be found among
practically all of the charters which
have been SO recklessly given by the
general assembly But to stick to ths
four cases quoted, there four distinct
and different ways are provided fol
taking from private parties property
which is needed for the development o.
the trolley. The mere presentation o.
the fact is sufficient to expose the fol
ly of that method Of procedure, on the
one hand, and, on the other, to estab
lish the strongest kind of a claim for z
public utilities commission.
The more in fact one examines thf
past history of the State of Connecti
cut, as it relates to the Issuance of spe.