Putnam patriot., 1910-09-16

kinds of business or more widely ap- piled To many lines Of business, cannot be adequately stated in single letter. l can, however, point out what seems to me the chief danger. My principal fear Is, that in their zeal to apply the strong hand of executive power to the correction of real or fancied evils, the .progressiyes9 will weaken the princi. ples which are the essential safeguards of civil liberty.
 One chief guarantee of civil liberty, which our fathers with difficulty won by long historical struggle, was ex- ecutive and judicial departments of government. It IS natural to earnest reformers, whose whole minds are en. tirely occupied by the contemplation of what seems to them some evil. to disregard the principles of civil liberty, and to demand that an executive des- pot be created 10 deal with their evil. This is tendency to be watched and guarded against by the sober.minded friends o. constitutional liberty.
 l suggest careful thought whether this caution Is not greatly needed in framing the legislation now under con sideration. An administrative eom- mission which shall have broad dis cretionary powers 10 prescribe how those engaged in various kinds of bust. ness which most directly and substan. sially affect the general public shall be obliged 10 serve the public, and what prices they shall charge, involves a confusion of judicial and administra- tive functions, if this commission Is both to investigate and prosecute, and also to sit AS a tribunal to try the cases which IL has started.
 Such commission will also involve a confusion of the legislative and ex- ecutive functions, If in hearing the complaints against service and rates, 1t Is mol required to apply established rules Of law, but Is permitted to decide particular eases with all the arbitrary discretion which, in constitutional as distinguished from despotie govern ments, Is properly enjoyed only by the legislature iii establishing general rules of law.
 lioelieNe that the legislature property may, in language 10 Oe chosen with a deliberate care of commensurate with the importance of the subject, declare and deiine the legal duties ot tue pub lie oi those who furnish commodities or service h the general public. l be- HeNe that administrative machinery may properly be created and main talned waieh will with practical eer- talnty, bring to light and To correction auy violations ot the laws so enacted.
 But i'll eases where those engaged in any business shall dispute an aecusa- ton that they ate violating the law. they ought, under all the rules of free government, to have fair trial before a judicial tribunal IL may be said that trial of intricate commercial questions in the existing courts will he unsatisfactory, because of technical procedure and necessary delays. therefore suggest for sthonxhtfui con- sideratton the idea of the establish ment ol court of commerce for the trial ot such cases, in which the pro cedure shall ne simple, sensiole le and speedy.
 As one of the business men of this stale, l agree that 1 and my company can properly oe held strictly lo the peFtosmauee of dnties to the public. If We tail to perform these duties. agree that We ought to be compelled to perform them. Bat l respectfully in- sist that Il we honestly think that complaints against us are unjust, we should have the right to be heard, not before despotic political board, out before an aupfeludiced judicial triba- nal which will apply the law 10 the facts, without fear or favor.s
 This letter is already too long, and l ask further suspension of judgment for discussion in the near future of other features Of the interesting state msnt of Mir. Jones.
 Yours truly,
 C. S. MEILgN.