The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-09-23
TO THE HIGHEST COURT
Appeal is Made BY Vermont Public
Service Commission.

Brat,leboro, Sept. 21-The public
| service commission Of Vermont has
| filed motion to dismiss the bill
| brought by the Rutland Railroad com
| pany against the commission in the
! United States district court, which
| bill seeks 20 restrain the enforce
ment Of the commissions order di-
| recting the building Of a new station
| at NeTgennes.
There was n hearing on this mo-
| tion before the United States district
court at The judges chambers yes
teTday, A. V. d. Piper of Brattlebor,
appearing for the commission and
the motion was overluled. AT this
hearing, the commission was grant
ed leave TO withdraw its answer,
when il did, and then took exception
to the overruling Of its motion.
This exception was allowed and de-
cree entered against the commission,
from all OF which the commission Is
fling an appeal from the United
States district cOurC of Vermont di-
rect to the Supreme Court of the
United States, and this appeal, when
decided, Will finally test the jurisdic
ton of the United States district
court to review, restrain or other
wise act upon the orders of the com.
mission. a motion Will be made to
advance the case upon the calender
Of the Supreme Court in order to Sc
cure hearing and possible determine
ion AZ the term which opens in Oc-
tobef.
Robert c. Bacon. chairman of the
commission, today issued the follow
ing statement:
The commission withdrew its for.
NAL answer to the bill brought by
the Rutland Railroad company and
permitted Judgment to be entered
thereon when its motion was over
ruled for the purpose of fairly test
ing before the Z. s. Supreme Court
on direct appeal, whether the com
mission shall exercise control OF Yer
monts public utility corporations
without supervision by the federal
district coart The commission wants
TO test the proposition whether il
can exercise its authority over the
public service corporations of the
State, subject to a review by the
State courts and with the right of
final review by the United States SUI
preme Court on writ of error direct
ed to the State supreme court where
a federal constitutional question is
involved, without being held up by
proceedings brought in the direct
court of the United States seeking to
enjoin this commission and have that
court review its proceedings.
The laws of Vermont provide for
an appeal from any of the orders of
the commission to the Vermont SUI
preme court and also provide that,
if necessity requires the supreme
court or any justice thereof may re
strain the enforcement OF any order
pending this appeal. The law also
provides that if the guarantees of
the federal constitution are intring
ed by the orders of the commission.
that the person .aggrieved may by
writ Of error eventually obtain re-
view Of the proceedings 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 re-
view of its orders. nor an attempt to
prevent their enforcement. by any
other procedure than by the one be
fore mentioned, and believes in the
soundness of It's position TO the eX.
tent that il proposes TO test the Ques-
ton before the United States Su.
preme Court at this time as the issue
has been squarely rendered by the
Rutland Railroad company in this
case.
III the law is as claimed by the
Rutland railroad company and the
method of procedure had which the
Rutland Railroad company is attemp
ing TO establish. it would seem that
every order of the public service
commission which involves property
exceeding in value three thousand
dollars viii Immediately become re-
yiewable before 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 involving
more than three thousand dollars.
every grade crossing elimination is
in this class; about every change or
alteration in the rates OF public ser
vice corporations are included:
nearly every question on the issue of
securities is in VOWED The com
mission will be relegated to the posi-
tion OF exercising about the same
powers as those Of Vermont Justice
court and practically the only mat
tiers THAI il could determine without
possible restraint by the federal COM
plants concerning the condition On
railroad station toilets and the occas-
ional setting Of a telephone pole IL
this contention Of the Rutland Raii-
road company is finally sustained.
"A square conflict is presented as
10 whether Vermont can regulate its
internal affairs in its own courts