Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-01-16
PUBLIC SERVICE COMMISSION AND
NEW PROJECTS.


While the Supreme Court has de-
ciied that the Public Service Commits
sion of Vermont is a valid body under
our state constitution, the effect of the
decision under the con iitions under
which the same was rendered has been
to leave an atmosphere of uncertainty
enveloping both the commission and
the public one of the iu lEes of the
Supreme Court was not present at the
hearing. one OF the superior judges
sitting with the supreme tribunal.
and there is natural wonderment what
might have happened had the decision
represented the entire supreme bench,
had the same principle been in
volved in a different case.
Indeed the situation is such that
'ofore the atmosphere is cleared it
may be deemed necessary to pass a
new lay establishing Public Service
'".'"ission constituted to comply
With the requirements of the new
S'i@ati"n that has arisen, or in other
WORDS that will meet the objections
raised with reference to the juris lie
ton Of the commission under the law
NJ" in operation.
The danger of permitting present
conditions of uncertainty to continue
regarding the powers Of the Public
Service Commission becomes fully owl
lent when we consider the case OF the
ne" union passenger station in Bur
ltngton ordered by that body
Let us suppose that shortly after the
Adjournment Of the Legislature some
other case involving the constitution
alty of the Public Service Commission
were to be taken to the Supreme
Court, and that this tribunal Shout |
decide upon this other point, that the
Public Service Commission is not a
valid body UNI Ter the State constitu-
ton.
In that case Vermont would be
without body duly authorized to
regulate public service corporations,
and Burlington would necessarily
wait another two years for the deter
mination of the question whether 1t
was to have a new union station. The
same situation would confront SINH
'ar projects in other parts of the state
The only remedy would be an extra
session of the Legislature called at
large expense to the people, AMI no
body could say even in that contin-
gency just what sort of a public serv-
zee law we might be able to secure.
1t is evident from the hint thus
thrown out as to the problem con-
fronting our people with reference to |
the Public Service Commission that
the situation is not at all satisfactory |
for those who desire the greatest
possible degree of supervision con-
sistent with due regard for the con-
sttution and the interests of the peo-
pie.
We formerly had a railroad COM
mission that was practically useless
because it did not have power enough. |
1t is now claimed our Public Service |
Commission mas too much juris fiction, |
having been invested with both Judi |
cial and executive powers.
Some Of our greatest executives |
have been those who combined execu-
tive, judicial interpretations of the law
ana Legislative procedure in their acts, |
and some of our judges throughout
the land have loudly applauded them. J
Verify, 1t is not strange that the |
layman at times should be bothered to |
know whore we are at in these days
Of hair-trigger executives interpreta-
tions of law by the bench having the
effect of legislative enactment, and
lawmakers who are either superior to |
the constitution or so afraid of violat- |
Ing the fun iamental law that they |
are constrained to do nothing.