Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1910-09-08
PRESIDENT MELLEN ANSWERS
STATE BUSINESS MEMS
ASSOCIATION.
CONTINUED from sixth Page

Continued from Sixth Page)
city. and still leaves him subject TO an
extertionate overcharge amounting to
several or many times that sum for
what he buys when he gets there.
Again. / have heard it said that in
the tenement districts of American cit
les the cost of ice in summer is in
creased in many cases by false weigh
ing and extorticnate charges. If this
IL true. a legislative remedy will soon
be demanded. Cheap ice in hot cities
- an element of healthy and comfort
able living. far more important to the
general public than the possible topping
of Of some slight amount from rail-
road rates.
NY purpose in thus calling atten-
ton to the programme of the pro
Eressives'' - merely in order to suggest
that II wrong principles are now fol-
lowed in dealing with the possibilities
Of overcharging by railroad, telephone
and lighting companies the same prin-
ciples are likely to be soon applied in
much wider business field.
Ny own attir;de toward the present
progressive programme, whether con-
fined in it's application to a few kinds
of business or more widely applied to
many lines Of business. cannot be ade-
Q:iately stated in a single letter. | 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 correc-
tfon of real or fancied evils. the pro
gressives' will weaken the principles
which are the essential safeguards of
civil liberty.
One chief guarantee of civil liberty.
which our fathers with difficulty won
By a long historical struggle, was the
separation OF the legislative, executive
and Judicial departments of govern
ment- Ii il natural to earnest REFORM
ers whose whole minds are entirely
occupied by the contemplation of what
seems to them some evil, to disregard
the principles of civil liberty, and to
demand mat an executive despot be
created TO dead with their evil This is
"a tendency to be watched and guarded
against by the sober minded friends of
constitutional liberty.
I suggest careful thought whether
this caution is not greatly needed in
framing the legislation now under con-
side1ation. An administrative commits
sion which shall have broad discretion
AIRY powers TO prescribe how those en-
gagged in the various kinds of business
which most directly and substantially
affect thss general public shall be oblig-
ed to serve the public. and what prices
they shall charge involves confusion
of judicial and administrative func-
lions. IL this commission is both TO in
vestigate and prosecute. and also to sit
a. tribunal to try the cases which it
has started.
Such a commission will also involve
"a confusion Of the legislative ard ex-
ecutive functions. If in hearing the
complaints against service and rates
II IL not required to apply established
rules of law, but is permitted TO decide
particular cases with all the arbitrary
discretion which, in constitutional as
distinguished from despotic govern
ments. is properly enjoyed only by the
legislature in establishing general rules
Of law
Principles of Proper Legislation.
believe that the legislature proper
~ may. in language to be chosen with
the Importance OF the subject, declare
and define the legal duties to the pub
lie of those who furnish commodities
or services to the general public.
believe that administrative machinery
may properly be created and maintain
ed which will with practical certainty
bring 30 light and to correction any
violations Of the laws 50 enacted
But I'm cases where those engaged
In any business shall dispute an ac-
cusation that they are violating the
law. they ought under the rules of
free government. 10 have fair trial
before q judicial tribunal 1t may be
said that a trial of intricate CONNER
cial questions In the existing courts
win be unsatisfactory, because of tech
Meal prDcodure and necessary delays |
therefore suggest for thoughtful con-
siderntion the Idea OF the establish
rnent of q court Of commerce for the
triad Of such cases. in which the pro-
cedure shall bs simple, sensible and
speedy.
A. sns Of the business men of this
e<nx< agree that ] and my company
c1n pFoperIy be hsld strictly TO the !
performances Of duties TO the public II |
~ fail 70 perform these duties. 7 agree |
kkne Ne nuakH TO be compelled to per-