The Bridgeport evening farmer., 1910-12-29
STATE CANNOT
 MANAGE ROADS
Me'len Denies It Has Power to Name Commission to
 This End
SAYS THE ROAD IS
 GIVING GOOD SE..V.CE
Believes Railroad Co. Is Serving Public Well and at Reasonable Rates.

at keaS0nable Rates.
 In letter Just sent by President ven and Hartford raih oad to the Com necticut Editorial association furthnr setting forth his opposition to the proposed public utilities commission in this state and explaining why he thinks a court could give better re- suits, the railroad executive declares 1t as his opinion that the state has no right to name commission to manage for it the affairs of any cor poration. He also declares his be- lief that the New Haven road Is giv- Ing good service at reasonable rates. The letter in full follows.
 December 24, 1910. Messrs. Everett G. Hill, president,
 Arthur S. Barnes secretary
 Connecticut Editorial Association Dear Sirs:
 clearly understood that I am not en- gagins in any controversy with you. either in your personal or official ca paefty. l am merely enicavoring, in response to the original invitation SD courteously given by you as the re-
 
 Association. to let such readers of your newspapers as are interested have my opinions, for whatever they may be worth.
 q have said in such previous let- ters as have had time to write, that in my Judgment all who serve the pCpllc Tn any sway, whether they are corporations or individuals. whether they are engaged in railroad manu- featuring, mercantile or any other t.vlSt Stiy sIk the state to the honest performance or the service due from them to the public. at reasonable rates. I wish now to point out that I do not mean by this that the state may properly commissions to manage these peoples business for them. Tha highest court of the state of New York has recently pointed out that so long as railroad is held in private ownership it's owners cannot be con- divested of the right to manage their own property. In my opinion. the state can properly inter- fere with the management of any property by its owners, only so far as Is necessary to secure the public against the failure of these owners to perform their duties.
 Moreover, l do not regard it as for the state to secure political board or administrative com which would be competent to manage the business of the so-called public service corporations. The de- tails of the railroad business are 90 various and of such vast complexity that we are compelled to have highly paid specialists at the head of differ ent departments of the service. who do not necessarily know anything about the problems which occupy tn partments. For example, even the most experienced operating man on the railroads of this country have as a rule no familiarity with the com piicated conditions which control the fixing of railroad rates by the traffic officials. It is practically impose ible that a merchant or manufacturer, however experienced in his own line of business, or however able, should be qualified as an aH-around railroad expert. l do not think that the state could obtain as members of a com mission (even if it were willing to pay the market price for their ser vices) three men qualified to be of great railroads, or even heads of railroad departments. And If the state could get such men, they would probably have no expert knowl- | edge about the telegraph or tele- phone service, or about the produc. ton or distribution of. gas or elec- 1 tricity or about the problems of water supply.
 "On the other hand, the courts of this State are, in many cases, called upon to decide questions as to the of conduct conpla ned of. and in these and other eases to 1 analyze and apply the law to very complex conditions. The traditions of | 1ur courts against temptations to par | Liality to which political boards or l commiss ons would be | more Or less exposed: and their life | raining especially qualities judges for ! the determination of intricate and diff | acult issues of fact and law, such as are inevitably involved in controver- l sies concerning the reasonableness of | services or of rates. As one of the | managers for the many stockholders | who are the real owners of the prin- | ,ipal railroads of Connecticut, I be- l ieve that we are giving the public l good service at reasonable rates. If | [ am wrong in this bel eff in any par 'cular. an impart al judicial tribun- | Il. after getting the relevant facts in | evidence. would quickly so adjudge. and I admit that we could then be | enjoined to desist from our neglect of our lawful duties.
 "It cannot be too often reiterated ! hat the true interests of the owners ,f railroads and of the public are dentical and not divergent. I believe i hat such laws as have been recently enacted in this country creat ns poli- ical boards or administrative com missions for the determination of con roversies essentially jud cial in their nature will, because they are unjust | o the railroads, Tn the long run be | ,lso severely injurious to the public. sincerely think that it is possible or the thoughtful people of Connec- icut, as legislative pioneers, to show | clearer understanding of actual economic and legal conditions govern r- the relat ons of railroads aud the public than has yet been shown any where. As my contribution to the ational discussion of the problem, l epeat my earnest conviction that the drninistra tion Of even-handed justice ,etwcen railroads and their patrons Is absolutely essential to the highest rnanent welfare of th's community, hal We can best secure the adrninis- ration of justice by entrusting 1t to judicial tribunals, and that such char cteristics of ordinary courts as might ,e drawbacks in this peculiar field nav he remed;ed by the creation of a ourt of commerce. wh oh shall elini- late all purely technical rules of evi- ence and procedure. and which shall ave broad jurisdiction of all con- royersies concerning the justice and of existing railroad eryice or railroad rates. with power to nio' n those owning or operating any a lroad to desist from the further continuance of any practices judicial V found to be unreasonable or unjust.
 Respectfully yours,