Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-06-06
WHAT Our NEIGnBORS SAY
An Epseh- Making Decision-Peopie
Have hight 20 Take Electric
Power,


(From the Brattleboro Phoenix)
The supreme court of Vermont has re-
Gently handed down a decision In the
case Of the Rutland Railway light q
Power company vs. Clarendon rover
company, which marks almost n reVo-
luton Of the law OF eminent domain ana
of the rights OF the public In the water
powers Of the State.
The case arose on proceedings started
by the Clarendon Power company 10
take an undeveloped water power OF
the Rutland company. which the Hut-
land company claimed It needed Tor Hs
own purposes to develop and sell e'ec-
trici,y for power purposes. The question:
to be determined was whether the gen
Grafton and distribution Of electricity TOT
power purposes purely was a puphc use
Way back. as long ago as 1856, YER
mont, In common with what most vi
the States were doing at that tme'
passed fowage act providing tnat
person building n dam ana DESIRING TO
flow the lands of another. could do so
on demanding the right In court and
paving damage. etc. In the ce'eo'"'eu
case OF Tyler VS. Beecher IN the a4th
Vermont, Judge Wheeler wrote the opin-
ion OF the court holding that 1t was I'M
constitutional to flow land OF another
person for developing power for manu-
featuring rurooses, and distinguished the
Vermont constitutional provisions from
that of other States which had held such
laws to be constitutional. Practically
every other state In the country has up
held the constltutionality OF the howage
acts. and the result has been much
larger development OF power for manu-
featuring purposes In adjoining States
| than in Vermont
| Tho first charter granted by the Leg
l,slature which authorized the taking or
flowing Of lands or the erection Of trans
mission lines and the taking OF lands
therefor by an electrical power company
was that granted the Connecticut River
Power company. Since then several
charters have been granted including
this provision, notably that for the
| Deerfeld development and for the FIJI
teen Mile Falls The supreme court has
held in recent cases that the generation
and distribution of electricity for street
lighting purposes Is a public use, but
has never, until the Rutland case. de-
cided the question as to electricity for
power purposes. The court in the opin-
ion IN the Rutland case. exhaustivey
reviews the previous decisions bearing
upon the question, and says:
ut Is matter of common knowledge
that the granite industry, both in Cal
edona and Washington counties, has
been entirely built over since the advent
of electric power. and in both localities
there Is at present a demand for add-
tional power. The small dealer can now
engage in the busess with a chance to
succeed in competition with the large
operator. The industrial activity in
Windham county is made possible by re-
cent electrical developments and instala-
tons The Deerfed valley Is in process
of development: the Fifteen Mile falls on
the Connecticut is protective. Our
holding. then. is that In the absence OF
charter limitations, corporation which
engages in the business of generating
and distributing electric energy for gen.
eral sale for power purposes devotes its
property to public service as much as
if 1t limited it's business to the sale OF
current for lighting purposes. Such bust.
ness is affected with public interest
both as regards the law of regulation and
the law of eminent domain.
1T is apparent that this holding goes
quite beyond that in the Deerfield River
company vs.. Wilmington Power G. Paper
company, SO VT SIS. II puts all cor.
pora tons engaged In generating cleo.
trcity for general sale into one and the
same class. without regard to the pres
ence or absence OF special provisions ir
their charters regulating the conduct Of
their business"
This establishes beyond question thu
right Of any party developing electrical
power to flow lands, to take lands h,
eminent domain, and to take by emf
nent domain right of way for transmits
sion lines for power purposes. 1t makes
it feasible to utilize the undevelopeC
powers In the State, and prevents hold
ups.
But far more important, it dedcates 4
the use of the people the electricity gen
Grated in these water powers. Accordin,
to this decision the people have the RICH
to take the power and If the powe
companies do not fix satisfactory rates
the courts will fix them 1t Is a lon
step in the evolution of the industrial
, development of the State. Brattlebor
| and Windham county have already taste
the benefits which may come from tn
BEFORE this decade has ended commun
tiles all over the State will be feelin
the impetus which the court has give