The Barre daily times. (Barre, Vt.) 1897-1959, 1913-09-22
AN APPEAL MADE
TO SUPREME COURT
BY Vermont Public Service Commission
on Bill Brought by Rutland Rail-
road on New Station Order.

service commission of Vermont has fled
motion to dismiss the bill brought by
the Rutland Railroad Co. against the
commission in the United States district
| court, which bill seeks to restrain the
enforcement of the commissions order
directing the building of new station
at Vergennes.
| There was a hearing on this motion
before the United States district court
at the judges chambers Saturday A. Y.
| d. Piper of Brattleboro appearing for
the commission, and the motion was
overruled, At this hearing, the com
mission was granted leave to withdraw
| its answer, which it did and then took
! exception to the overriding of its mo-
ton This exception was allowed ami
decree entered against the commits
sion, from all Of which the commission
| is filing an appeal from the United
States district cour. of Vermont direct
to the supreme court of the United
States, and this appeal when decided,
will finally test the jurisdiction of the
United States district court to review,
restrain or otherwise act upon the or
ders OF the commission A motion will
calendar OF the supreme court in order
to secure hearang and possible determi
nation at the Term which opens in 0cto-
ber.
Robert C. Bacon, chairman of the COM
mission yesterday issued the following
statement:
@The commission withdrew its formal
answer to the bill brought by the Rut
land Railroad company and permitted
Judgment to be entered thereon when its
motion was overruled Tor the purpose of
fairly testing before the II. S. supreme
court on direct appeal. whether the com
mission shall exercise control of Yer
mont's public utility corporations with
out supervision by the federal district
court. The commission wants to test
the proposition whether it can exercise
its authority over the public service cor
porations of the state, subject to a re-
view by the state courts and with the
right Of final review by the United
States supreme court on writ of error
directed to the state supreme court.
where federal constitutional question
il involved, without being held up by
proceedings brought in the district court
Of the United States seeking to enjoin
this commission and have that court re
view its proceedings.
s"The laws of Vermont provide for an
appeal from any of the orders of the
commission to the Vermont supreme
court and also provide that, if necessity
requires the supreme court or any jus
tice thereof may restrain the enforce
ment OF any order pending this appeal. |
The law also provides that if the guar
antics OF the federal constitution are
infringed by the orders of the commits !
sion, that the person aggrieyed may, by |
writ of error, eventually obtain review
OF the proceedings before the supreme
court of the United States.
4The public service commission of Yer
mont is firmly OF the belief that the
law does not contemplate review OF
its orders, nor an attempt to prevent |
their enforcement, by any other proee-
dure than by the one before mentioned, |
and believes in the soundness of its po-
sition to the extent that it proposes to
test the question before the United
States supreme court at this time "a
the issue has been squarely rendered
by the Rutland Railroad company in this
case
"If the law Is as claimed by the Rut
land railroad company and the method
of procedure had which the Rutland Rail
road company is attempting to estab
lish, ii would seem that every order OF
the public service commission which in
wolves property exceeding in value $4,000
will Immediately become renewable be-
fore and subject TO at least temporary
restraint by the United States district
court. and the work of the commission
seriously hampered. A large portion of
this work is concerning matters involv
ing more than $1,000; every grade cross
ing elimination is in this class; about
every change or alteration in the rates
Of public service corporations are includ
ed; nearly every question on the issue
of securities is involved. The commits
sion will be relegated to the position of
exercising about the same powers as
those of Vermont Justice court, and
the only matters that il
could determine without possible re
straint by the federal court would be in
the nature of informal complaints con
eerning the condition OF railroad toilets
and the occasional setting OF a telephone
pole If this contention of the Rutland
company is finally sustained.
"A square conflict is presented as to
Vermont can regulate its inter /
nal affairs in its own courts, subject
to review by the United States supreme
,ourt as to constitution guarantees. or (
whether the federal courts can regulate {
he administrative machinery of Yer. 1
mont without the matter coming before ,
,ur state courts at all,
"The people of Vergennes RAY be as I
,,,rn1 that II - nnf thp infantiop nf fha
commission to sacrifice their prospects
jf a new station by this appeal. The
commission is of the belief that this
method of procedure will eventually :
olive the depot problem as satisfactorily
md as quickly as any other method this
commission could adopt"