The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-01-10
BENNINGTON, VT, JAN. 10, 1913
PUBLIC SERVICE COMMISSION

the people in this state. Legislation
such as that which created the pub
lie service commission is always en-
acted with the possibility that it may
run counter to the courts, for the
reason that when the constitution oil
Vermont was written the conditions
which necessitated the creation OF
the public service commission and
other commissions of a similar nature
did not exist.
The decision is considered to be
one of the most important handed
down by the court in years. The
question was brought before the
court on the appeal of the Rutland
railroad from an order of the public
service commission in regards flag
man at a crossing in Alburg, the rail
road claiming that the commission
was exercising administrative, judicial
and legislative functions under vari-
Gus acts of the legislature contrary
to the constitution which provided
these departments must be kept sep
arate and distinct The court main
tanned that while the board itself mad
certain administrative powers and
was clothed with quasi-judicial pow
ers, it was not court and though it
had auxiliary legislative powers they
were not in violation of the constitu-
ton but were such powers under an
Interpretation of the constitution that
we're required to make government
efficient
The court held that if certain pow
ers granted the commission were I'M
constitutional, it did not necessarily
mean that all parts of the act were
null and void Judge Powers read
lengthy dissenting opinion which
went into an exhaustive review and
comparison of the powers of the Yer
mont commission with those of the
interstate commerce commission, to
show that the Vermont commission
was exercising judicial powers. on
which point the court disagreed.
The orders of the public service
commission were so closely related to
legislative acts that it took an expert
to distinguish between them, Judge
Powers said Similar functions might
be granted all state boards including
the board of horse doctors which
would give them judicial powers,
The judges differed mostly on the
question whether the commission had
constitutional authority to carry out
its own orders in which it was claim
ed it exercises judicial powers. The
majority opinion which was support
ed by Judges Munson and Haselton
and Superior Judge Butler who sat
with the court because Chief Judge
Rowell was disqualified was read by
Judge Haselton and the dissenting
opinion was read by Judge Powers
who was supported by Judge Watson.
The case was known on the docket
as George w. Sabre and others
against the Central Vermont and Rut-
land Railroad company. The question
was chiefly constitutional one but
the court first discussed the other
phases. The railroad relied mainly
on the claim that the statute giving
the Public Service commission GER
tain powers was unconstitutional,
thus involving the question whether
or not there was any railroad com
mission. 1t was claimed that the
Legislature had given the commission
administrative. judicial and executive
powers.
The court held that the order was
not made in accordance with statutory
provisions. This brought the case up
to the question of the legality of the
board and the court thought the ques-
ton ought TO be settled here for the
reason that it would not want to send
a case back to an illegal body.
The court then took up railroad leg
islation beginning with the act of
1854, when a joint resolution was
adopted for the appointment OF a
commission to investigate railroad
matters to protect the stockholders.
bondholders and public, Jacob Cola
mer was a member Of this commits
sion. This commission had great
powers to take testimony and con-
duct investigations and report to the
NEXT legislature, and the commission
was continued with one number. The |
court held this showed the trend Of
thought Of constitutional lawyers OF |
those days on giving the commission |
administrative powers. George p.
Marsh was quoted as authority as
sustaining the legality OF the recon-
mendstion Of the commission in 1855