Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-09-25
Public Service Commission Takes
Exception to Ruling in
Nergennes Case.
SEES ITS POWER CURTAILED
Thinks Every Order Involving
Property in Excess of 49,
600 Will Become Re-
viewable.

Prattlcboro, Sept. 21.--Tho public service
commission OF Vermont has filed a motion
~ dismiss the bill brought 10y the Rut-
land Railroad company against the COM
mission in the United states district
court, which bill seeks to restrain tho
enforcement Of the commissions order
directing the building Of new station
at Nersenncs.
There was q hearing on mt motion he
fore tie United States district court at
the Judges chambers yesterday. A. v u.
Piror of Brattlcboro appearing for the
commission and the motion was over
ruled. At this hearing, the commission
was granted leave to withdraw its answer,
which It did, and then took exception to
thu overruling of it's motion This
exception was allowed and a decree en-
tered against the commission, from all
of which the commission is fling an APP
peal from the United States district court
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 orders of. the commission \
motion will he made To advance the case
In order to secure hearing and possible
determination ut the term which opens
in October.
Robert G. Bacon. chairman Of the COM
mission. to-day issued the following state
mcnt:
The commission Withdrew its formal
answer to the bill brought by the Rutland
Railroad company and permitted iudc-
ment to he entered thereon when It's mo-
ton was ovcrruled for the purpose of fair
" testing before the L. S. Supreme Court
on direct appeal. whether the commission
shall exercise control of Ncrmont'S pub
lie utility corporations without supervi-
sion by the federal district court. The
commission wants to test the proposition
whether it can exercise its authority over
the public service corporations of the
state subject to review 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 SUI
prcmo court whore federal constitu-
tional question Is involved, without being
held up by proceedings brought i'm tho
district court of the United States seeking
to cnioin this commission and have that
court review its proceedings.
VERMONT LAW PROVIDES APPEAL.
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 Justice
thereof may restrain the enforcement of
any order pending this appeal. The law
also provides that If the guarantees of
Tho federal constitution are infringcd by
The orders of the commission. that the
person aggrieved may by writ Of error
eventually obtain review Of the proceed
ings before the supreme Court of the
United States.
THE public service commission Of
Vermont is firmly Of the belief that
the law does not contemplate a review
of its orders, nor an attempt to pre-
vent their enforcement by any other
procedure than by the one before men
toned, and believes in the soundncss of
Its position to the extent that it proposes
to test the question before the United
States supreme Court at this time as
tho issue has been squarely rendered
by the Rutland Railroad company I'm
this case.
IF the law is as claimed by the
Rutland railroad company and the
method Of procedure had which the
Rutland Railroad company is attempt
ing to establish. it would seem that
every order of the public service COM
mission which involves property ex-
ceeding in value three thousand dol
lars will Immediately become review
able before and subject to at least
temporary restraint by the United
States district court. and the work of
The comm ggiOn Spriol bu