Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-01-08
BEN \ SUSTA|NS
P. S. COMMISSION
Having Resumed before Public
Service Commission after
Holiday Recess.

Montpelier, Jan. G.--The upshot of
very able Supreme Court opinion pre-
pared by Judge Haseton and read here
to-day at the opening of the January
term, was to sustain the powers confer
red on the public service commission by
the Legislature, which were held not to
be in violation of the constitution. The
claim was made that because the COM
mission were empowered to render iudg-
ment they became an administrative body
In violation of the constitution which de-
clarcd the departments Of the govern
ment should he kept separate and dis
tinct. The court declared that IT should
take a comprehensive rather than a mar
row meaning of the statute which COM
ports to constitutional purposes.
The January term of Supreme Court
opened at ten o'clock this morning with
chief Justice George NJ. Powers pre-
siding and the full bench present. About
% attorneys were in attendance. The
Rev Stanley f. Bloomfield, pastor of
Bethany CONGREGATIONAL Church, offered
prayer and Sheriff f. II. Tracy made
the proclamation. The call of the docket
showed ~ Of A. cases for hearing.
number of very important decisions were
ing of two opinions alone occupied an
hour and a half at the morning session.
AZ court suspended for the noon recess,
CHEF Judge Powers announced that more
opinions would be read at the afternoon
session, among them the case Of George
We Consolidated Lighting company. in
volving the legality of certain powers Of
the public service commission. The opn-
.l.l.. 1t.
the converting of court in the afternoon
the telephone hearing upstairs before the
commission suspcnd,ng while the commits
scners and attorneys gathered to learn
II the commission had been sustained or
knocked out.
When parties cannot agree among them
selves 1t becomes necessary to refer the
matter to an impartial tribunal, the court
said, and the public service commission
Is such a body. Tho writ OF prohibition
sought by the plaintiff to prevent the com
mission from proceeding was denied and
to court held II was the right and duty
of the commission to proceed. The or
isina! case over land damages was in
respect to a pole line across the plain
TIT land near Montpolier Junction. In
this case Theriault & Hunt appeared
for Jennie George, Senter e. Senter for
thn lighting company and r. c. Bacon for
tho public service commission.
NEGLIGENCE CASES.
In two negligence cases brought
under the federal employers liability act,
the first to be tried in Supreme Court
in the state, judgments Of the lower court
against tho railroads were affirmed. the
court holding that the federal act had
precedence over State law Both cases
came from Franklin county, the first be-
ing that OF Mary Theresa White, admins
tratriX of the estate OF Enoch +. White.
against the Central Vermont railway
company following a collision at Bethel
in 1912 when White was killed Judgment
Of SIZES affirmed and Calvin Il. Niles
against the Central Vermont for brol-
en- leg and injuries received in a COLI
sion near Bolton January &c. 1912, caused
by steam!nC engine running past red
light signals without the engineers see
ing them into another freight train. in
which case the plaintiff was awarded in
county court judgment for 81, 49l &C. which
verdict was affirmed Judge Watson
read n long and exhaustive as we'll as an
al" opinion in the White case and Judge
Powers clear and pronounced opinion
in the Niles case
Others decisions were as follows:
Chittendon County-ITamilton S
Peck against Edward T. Nonahan ana
trustees. burlington Savings Bank and
Thad1eus 5. Whipplc Winooski SAY
ings bank. book account, judgment rs
against the Winooski Savings bank
reversed and judgment bank Is charged
able with s1l3S0 and interest from
1905
washington couutY-Annie n Bean !
eNecutriN, against George and Morris
ATKINS, an action to determine the Ii
ablllty of the defendants for the care
ana support Of Catherine Atkins, !
daughter of the late Hiram Atkins. |
under the Will which had n clause
that required she should be provided
for in case she came to want The !
referee found below that she came to
want March /, 90o, and so continued
TO the time of her death and reported |
against the defendants to the amount
of $4,1jS.54, but against this the court |
held should he allowed the equity |
rights Of the defendants for which no
allowance had been made for taxes, |
Insurance, repairs, etc. The decedcnt |
had received $50 a month for a time !
and later $15 and four days before |
her death was paid $500. Four months
before the court found she came to
want she had transferred $1,000 to her |
adopted daughter Beulah, in whose |
behalf the suit was brought, and she |
had spent $1,000 for attorneys fees
and had lost considerable property. !
The court said, I'VE feel there are no
suspended to allow proceedings in |
equity"
OTHER MATTERS
Ivan A, Sparrow against Charles A. |
Watson, petition for partition. iudg- |
ment reversed and petition dismissed !
Caledonia county-Taplin & Rowen .
against l.. b. Harris, judgment for
plaintiff affirmed.
Franklin county-R w. Fadden |
against S. e. Mex inney and others, |
reversed and remanded; Marcus NJ. |
Bartlett against Lynford q. Nye and |
others settled ana discontinued.
Rutland county-Nermont Accident In |
surance company against Judson Il
Fletcher and Emma j, Fletcher, foreclos- /
ure, below bill dismissed pro forma with
costs, affirmed and remanded,
Windham county-Lev Bouchard !
against Central Vermont, affirmed and re. |
manded for trial on it's merits.
On the first days assignments the case
Of the Burlington Paper Stock company