Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1917-02-07
Emery Against Railroad Custom
Brokerage.

At hearing in Montpelier Thurs
day evening before the House cor
porations and franchises committee
of the Vermont legislature on the
bill introduced by D. H. Steele of
Highgate, which would make it I'M
lawful for any railroad or express
company to carry on any customs
house brokerage business either di-
rectly or indirectly or to receive any
of the emoluments of fees of such
business, both Mr.. Steele and C. S.
Emery of Newport appeared.
In lengthy arguments they con-
tended that the conduct of the rail
roads in cutting the rates of the GUS
toms brokers and in denying to other
brokers the privileges they gave their
customs brokers by securing license
in their own name tended to create a
monopoly and was an unfair discrim-
ination of one shipper in favor of an
other on the theory that a broker is a
shipper.
The Central Vermont railroad it is
said is the only one which has secured
a corporation license to carry on a
customs brokerage business. They
also argued that none of the railroads
had any charter rights to carry on
this business but did so on the
ground that it was right incidental
to the performance of their duties
as railroads.
Mr. Emery also stated and offered
to testify under oath that w. B. G.
Stickney of Rutland, an attorney for
one Of the railroads, had told him,
''that the railroads should not be en-
gagged in this (the customs-broker-
age) business"
Mr.. Emery had stated to the COM
mittee that he had been advised by
counsel that the railroads had no le-
, brokers business and "perhaps the
same lawyer will tell you tonight
| that they have the right"
w. B. G. Stickney asked Mr.. Emery
| what attorney had given him such
| advice.
81 refuse to answer said Mr.. En-
cry.
Mr.. Stickney parleyed back and
forth for minute or two and then
| Mr.. Emery said: "You told me the
road should not be engaged in this
| business"
"But I never told you they did not
have a legal right to engage in the
business, did II" asked Mr.. Stick
ney.
Mr.. Emery repeated his previous
answer after he had told the commit
tee that he would like to be sworn
Mr.. Redmond then pressed Mr.. En-
cry to answer few questions about
the railroads collecting the duties
from the consignee when goods were
delivered. On inquiry from Mr..
Prouty Mr.. Redmond said the rail-
roads had legal right to do this and
the fact that this was recognized as a
legal claim made the original act of
customs brokerage legal for the rail-
| roads.
The railroads and express compan-
| les were represented by an imposing
array of legal talent including w. B.
| c, Stickney of Rutland, John W. Red
mond of Newport, Charles F.
Black of St. Adams, F. E. Alfred of
| Newport, and H. C. Shurtleff of Mont
| pelier.
| Charges against the Central Yer
mont, Rutland, Boston & Maine, Can
adian Pacific, and Grand Trunk which
are engaged in customs brokerage
business at Richford, Highgate, ST.
Adams, Beecher Falls and Island
| Pond, were made.
Since Mr.. Emery's retirement from
the collectorship in Newport of nine
years duration, he has been for the
past two years conducting a customs
broker business in Newport.