The Bridgeport evening farmer., 1911-06-07

" ssEssEa8 s their nature. relating to the elimina- ton of a grade crossing of railroad and highway, could not by creating an appeal from the Railroad Commission CTS to the Superior court create any right of the Superior court to try the questions considered by the commits sioners. The court quotes from Nal
 mos Appeal, 72 Conn, l, these words: 'The 1ncapacity of the judicial de- partment under our constitution to exercise functions that are essentially and distinctly executive or legtsla- tive unless as incident to the exercise of some legitimate judicial power, was so deliberately considered and settled In the recent case of Norwalk Street Railway Company's Appeal, 69 Conn.,, 576, and the application of this con- stitutional prohibition was there so fully discussed, that we deem it un- necessary to say anything further on the subject now.'' The Supreme court held in express terms that the action of the Superior court in altering the order of the Railroad Commissioners was void, because the statute giving the right of appeal from the Railroad Commissioners to the Superior court violated the constitution.
 I say, therefore, to you Senators, that the provision in the minority bill for an appeal to the courts is a mere sham. Furthermore, no bill which provides in the first instance for an order of a commission fixing rates to be charged or services to be performed by a public service corporation can constitutionally do so, if the commits sion is to act in the same manner and to the same effect as a court would act, for a commission cannot consti- tutionally exercise a judicial function; {; and administrative functions exercised by commission cannot be conStitu tionally exercised by a court on an appeal from the commission.
 The majority bill makes such com mission in the firs. instance 2 body to bring about conciliation between the public service co-por ations and the public. The commission is not to ex- ercise the functions of court, for it does not decree but only recommends. But the bill declares in. sroad and general language the dutissS of public service corporations to the y2blic, and calls upon the courts for cs1 exercise of the strictly judicial fUn6ssixSas of as- certaining whether exi0sing rates or services or safety provisions are req sonable and just and of applying ths law to the facts of each cass 50 a to enforce the duties dess2Sed ey ska statute.
 AN INDIVIDUAL MAY APPEAL, TC
 TFIE COURTS
 If any person is not satisfied with the decision of the commission, he has, if especially interested in the perform ance of some duty, the right at com mon law to invoke the aid of the courts. Tn general, however, no ex- pense for such a proceeding will be thrown on any individual, because the attorney general will at the expense of the State, whenever necessary, con- duct proceedings in the courts to en- force the performance by public ser vice corporations of the duties to pub lie.
 THE LAW UNCERTAIN.
 The statutes of this State regard ing railroads and street railways are printed by the Railroad Commissioners in a pamphlet covering 176 pages. They have been gradual growth, and have been repeatedly interpreted by the courts. It seemed to the majority of the committee unWise to make un- necessary changes in these statutes. whose meaning is well settled, and much better merely to confer upon the Railroad Commissioners the additional powers necessary for the ends sought to be accomplished The minority bill on the other hand has not been har- with existing statutes and no one can tell how these statutes are affected by it's provisions
 As an example of the crudeness of this bill, I call attention to the pro- vision for regulation by the com mission of the initial efficiency of electric lamps. I do not know what this means. Do you? Electric lamps are not made by public service cor porations, but by manufacturers most of whom are located in other States. Their efficiency, as I am told, depends not only on the material of the fila ment, but on the voltage for which the lamps are calculated. Anybody may purchase his lamp where he pleases, choose his own kind of fila ments. and by varying slightly the calculated voltage, get either a more brilliant and less sufficient lamp, or a less brilliant and more efficient one.
 UNCONSTITUTIONALITY OF MIN
 ORITY BILL.
 One chief reason why the bills re- ported by the majority of the com mittee have taken the form that they have is that the committee were not willing to report bill as to whose they have the gray est doubts, since they do not wish to be responsible for presenting the public with a pretentious but useless piece of legislation.
 In Massachusetts the Railroad Commissioners have had for many years the power to make recommen- dations with regard to the rates and the services: rendered by railroad and street railway com panies. Very many recommendations have been made by the. commission in pursuance of this power, and no one of the companies affected has ever failed to comply with any rec