The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1913-11-04
IMPORTANT CASES
IN SUPREME COURT
Powers of Public Service Commission
Questioned-Two Cases from
Windham County.

NONTPELi4sR, Nov "a case Of un-
usual interest j. to be argued at the No
vember term Of the supreme court, which
opened here at 10 o'clock today, involving
the constitutional powers Of the public
service commission
The case Is Jennie George against the
Consolidated Lighting company and Rob
ert {. Bacon. William Il Warner and
Parl, II. Pollard. public service commits
sioners The original suit involved the TAX
ing OF land tor pole line across the PLAIN
titf's property near Montpelier Junction.
Two motions made 10y the attorneys Tor
the plaintiff to dismiss the proceedings
FOR want Of jurisdiction by the public ser
vice commission to hear and determine
the petition. after the hearing to deter
mine the necessity, were overruled and on
/ Oct , the plaintiff brought a petition for
writ OF prohibition asking that the Con-
solidated Lighting company be prohibited
/ from further proceeding and that the pub
/ lie service commission be prohibited from
| further hearing the cause.
! Two grounds are set forth for this writ
Of prohibition That the company should
proceed in the matter Of taking land I'M
der its charter instead OF under the gen
eral law, and that under section Is of
the act establishing the public service
Icommission, the commission was not only
to hear and determine questions OF neces-
sity but to render judgment thereon and
that under the constitution and laws Of
the state the commission has no iursdic-
ton to hear and determine the petition
of the Consolidated Lighting company and
render Judgment In other words. that
the powers given the public service com
mission under section Is are Unconstltu
tonal and void because it Is provided
that the commission may render judg
ment.
During the proceedings before the com
mission, the legal status of the commits
sion raised and the legality OF the act
of the governor in removing Charles ID
Watson, chairman, was questioned, but
these matters are not before the court il
the petition for a writ of prohibition anC
their elimination is taken to indicate thai
they were not considered mportan
enough to be made part of the suit
The Consolidated Lighting company anC
the commission will be defended III tn,
, Supreme court by John H. Senter Their
iault X Hunt and + H. Laird are couuse
for the plaintiff
Nine negligence cases or actions 70
damages are on the calendar for hearing
at this term, the largest number eve
scheduled for single term. All parts 0
, the state are represented. The cases are
Mary Theresa White. administrators o
p the estate of Enoch l.. White against Gen
{ trail Vermont Railway company. from
Franklin county; n w Sanburn an
: Viola Sanburn against Village of Emosbur
Falls. from Franklin county: Calvin L
Niles against Central Vermont Railwa
u company, from Franklin county; John II
Finneran against City of Burlington. fror
Chittenden county: Etienna Latulip agans
). City of Burlington, from Chittende
5. county; Elwin p. Goodnow against Ger
= tral Vermont Railway company. fror
Windham county; Warren w Scviou
administrator, against Rutland Railwa
)mpany, from Windham county; Richar
n L. Pollica against Twin State Gas an
r, Electric company, from Windham county
= Nicholas Lacasso against Jones Brother
company from Washington county
It The legality of the Chttenden tree la
It Is raised in the case of State against
J. w Perkins, from Washington count,
l. 'Thirty-seven cases are set for trial