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inarily

of contracts risdiction ing the and the c ubject ma nsiders

th sections re mere

crimination was illegal at common law. So
was undue preference; and to charge more for
a shorter than a longer distance, for the same
amount and class of freight, under the same
circumstances, was also illegal.

Atchison, etc. R. R. Co. v. Denver, etc. R. R.
Co. 110 U. S. 683 (Bk. 28, L. ed. 297).

of course, of no consequence. A few illustra tions will be given for argument:

a. Let us take a few of the rates between Ogdensburgh and Vermont points to Boston (which are the ones complained of).

CENTRAL VERMONT RAILROAD.

The guiding rule at common law was, What
is reasonable? And that is the rule, and the
only guiding rule, under this statute, where
every case involves a question of law and
fact, and where every case depends on its own St. Albans,
merits.

Points.
Ogdensburgh

Burlington,

The petitioners never have been able to Waterbury,
break down the defendant's line as a competitor Montpelier,
for through business. Is it reasonable that the
Rutland,
instrumentality of the Interstate Commerce Ludlow,
Law should be used to accomplish that pur-
pose, when the object of the Law was to pro-
mote competition?

c. The petition is based on the fourth sec-
tion. No questions arise under any other sec-
tion. Petitions must notify parties of what
they have got to meet, otherwise interminable
confusion arises on trial.

White River Junction,

Points.
Newport,
Barton,

Ludlow,
Rutland,

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Miles to
Boston.

PASSUMPSIC ROAD.

250

235

214

189

173

149

ST. J. & L. C. ROAD.

408

264

248

218
207

167

142

144

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Miles to
Boston.

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Miles to
Boston.
302

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As to the Petition of the Vermont State Grange. Lyndonville,

Ryegate,
Bradford,

A.

Norwich,

The Rates to Boston, etc.

V. The rates between Boston and Ogdens-
burgh and St. Albans, respectively, and other
Vermont points are reasonable, and for a
great variety of reasons besides those enumer-
ated above. The rates charged compare most
favorably with those of other north and south
lines. The character of the country through
which these roads run, the cost of construc-
tion, the cost of operation and the amount of
local support will, of course, be remembered.
No proper comparison can be made between
Vermont Roads and roads running through
Massachusetts, between Boston and New York,
where there are numerous rival roads and
where the roads pass through large manufact-
uring districts, and are operated at a compar-
atively small expense. The only fair test is to
take other roads, situated like the Central Ver- Montpelier,

Points.
Burlington,
Waterbury,

mont and Ogdensburgh Roads, and compare
their interstate rates.
The Passumpsic Road
is of this character. The St. Johnsbury &
Lake Champlain Road is another.

Points.

The rates made by the Central Vermont
Road to Boston are less than the rates of either
of these roads for the same distances. The
rates made by the Central Vermont Road to
Providence, Rhode Island, are also less than
those of other Vermont lines.
The rates
made by the Connecticut River Railroad and
the New York, New Haven & Hartford Rail-
road for Vermont business are higher, dis-
tances considered, than the rates made by the
Central Vermont Road from St. Albans and
other Vermont points to Boston, which latter
are the subject of complaint. The tables sub-tral Vermont is great on the first four classes
mitted by Mr. Chittenden will show this. The of freight, and still greater on the last two
local rates that begin and end in Vermont are, classes.

Littleton, N. H.
Lisbon, N. H.
Wentworth, N. H.
Plymouth, N. H.
Meredith, N. H.
Laconia, N. H.
Tilton, N. H.

c. As to the rates to New York, it will be noticed that the difference in favor of the Cen

INTER S.

270

240

229

195
169

Distances
to Provi-
dence.

Points.
Swanton,

Island, it will be noticed that the rates given
b. As to the rates to Providence, Rhode
by the Central Vermont are also less than those
of other Vermont Roads to the same point.
CENTRAL VERMONT ROAD.

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233

222

186

170

157 146 137

60

30

30

36

Rates per 100 lbs. 1st class.

60

60

55

46

42

40

Rates per 100 lbs. 1st class. 55

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Station.

St. Albans, Newport, Burlington, Waterbury, Montpelier, Barton, Lyndonville, St. Johnsbury, Ryegate, Bradford, Norwich, Brandon,

Rutland,

Station. Ogdensburgh,

St. Albans,

Distances to
New York.
354

339

338

308

297

Montpelier,

Road.

C. V. R. R.
Passumpsic.
C. V. R. R.

16

66

46

Stations on
C. V. R. R.

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Hartford, Vt.,
South Royalton,
Montpelier,
Essex Junction,
Milton,
St. Albans,
Rouse's Point, N. Y.,
[Ogdensburgh, N. Y.,]-

e. The Delaware and Hudson Canal Company's Road is an instance of a New York Railroad running through a country similar to this. A reference to the table of that company's rates, given in Mr. Chittenden's statement, shows that the Interstate rates to Boston, given by the Central Vermont Road on the east side of Lake Champlain, compare very favorably with those of the Delaware & Hudson Canal Company's for corresponding points on the west side of the lake; and in many instances the rates of the Central Vermont for corresponding distances are considerably less, For instance the Delaware & Hudson Canal Company's rate from Westport to Boston, a distance of 298 miles, is sixty cents, while the Central Vermont's rate from Alburgh to the same point, a distance of 284 miles, is only fifty-five cents.

324

303
295
278

262

238

264

247

Destination.

Road.

Northampton, Conn. R.
Hartford,
Boston,

LEE

N. Y., N. H. & H.
C. V. R. R.
Northampton, Conn. R.
Hartford,
Boston,

N. Y., N. H. & H.
C. V. R. R.

Northampton, Conn. R.
Springfield,
Boston,

Conn. R.
C. V. R. R.

White River Junc., Northampton, Conn. R.

Hartford,
Boston,

Miles to
Boston.

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N. Y., N. H. & H.
C. V. R. R.

60 50
58

68

60

-Rates for the Six Classes.

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27

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d. An examination of the rates existing between Vermont points and points in Massachusetts on the line of the Connecticut River Road, and between Vermont points and points

The last two rates above are about 40 per | in Connecticut and New York on the line of cent less, for about the same distances, than the New York, New Haven & Hartford Road, the rates from Bradford and Norwich on the shows that these rates are considerably higher, Passumpsic Road. distances considered, than the rates from Og. densburgh, St. Albans, and other Vermont points to Boston, as is shown by the following examples taken from Mr. Chittenden's statement:

34

47 35 31 27

45

53 44

34 29 26

50 43 33 28

58

41 32 27

52

37 31 26 23 45 40 35 27 19 16 30 27 22 18 15 15

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60

55

17

55

55

55

44

46

36

Distance. Rate 1st Class.
369
60

298

60

408

60

227

58

270

264

170

187

207

107

150

144

Rates, 1st Class
C. V. R. R.

146
157

38 40 45

ELTT

162
207

240

251 264 288 · [408]

55 55 55 55 60 [60]

(See Mr. Chittenden's Statement.)

(See Mr. Chittenden's Statement.) f. The Interstate rates of the Central Vermont from points in Vermont to Boston and New York, compare most favorably with the rates for like distances of many other roads in the United States which run through farming districts, though the character of the country through which these latter roads run is such that their cost of construction and operation is necessarily small as compared with that of roads of the Central Vermont. A comparison of the rates from points on the Central Ver mont Road to Boston with the Interstate rates of the Chicago & Alton Railroad, northwest of Woodhouse, where prices are graduated by distances, shows the following:

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J. Again, a comparison of the rates of the Central Vermont Road from Vermont points to New York, with the interstate rates of the Chicago & Alton Railroad, the Chicago, Milwaukee & St. Paul Railroad, and the Chicago, Burlington & Quincy Railroad,

Stations on
C.V. R. R.

Miles to Rates Rates C. & A.R. R. Rates M. & St.P.R.R. Rates C.B. & Q.R.R.
N.Y. 1st class. 1st class.
1st class.
C. V. R. R.
Miles.
234

1st class.
Miles.

Miles. Rate.

30

234

64

228

233

248

248

238

248

273

273

274

275

Proctor,

279

34

279

284

281

290

45

290

292

289

306

54

306

305

306

Brandon,
Middlebury,
Burlington,
St. Albans,
Rouse's Point, - 404 60

340

55

340

348

336

380

60

380

378

379

404

404

402

Chester,

Ludlow,

Rutland,

30

30

(See Mr. Chittenden's Statement.)

Express Companies,
Telegraph Companies,
Telephone Companies,

Steamboat, Car and Trans. Cos',

National Car Company,
Railroads,
Savings Banks

Trust Companies,

Home Insurance Companies
Foreign Insurance Companies

65

70

B.

Substantially all the corn, wheat and flour consumed in Vermont comes from the West, and is dropped off at all Vermont points at the Boston competing rates. This has been the practice for years, and has been done to encourage other industries in the State.

70

70

72

75

75

78

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shows that the rates of the Central Vermont Railroad are much the lowest for the same or corresponding distances, as is indicated by the following table, which will be more fully explained by a reference to Mr. Chittenden's statement:

1883. 1,398.71 597.60 504.58

7,913.26

85,516.96

52,771.76

30,509.67

6,768.84

13,355.69

$199,337.07

1883.

1884.

1885.

$280,692.36 $286,577.05 $286,141.33 THE CONDITION OF VERMONT INDUSTRIES.

The material prosperity of the people of ermont has been steadily on the increase since the introduction of railroads into the State, as is shown by the following statistics of the population, the wealth, the condition of manufactures, and the condition of the agricultural interests in the State, taken from the official figures of the last United States census.

Year. The other state taxes raised in the same 1880 time were the biennial taxes of ten cents on the 1870 dollar of the grand lists of 1883 and 1885. 1860

Rate.

70

70

75

C.

State Taxes.

State Tax Commissioner for the years 1883, The state taxes assessed and collected by the 1884 and 1885, were as follows:

This was in 1883-1884, $162,710.58 (-$81,- 1850 355.29); in 1885-1886, $171,011.26 (-$85,505.-1840 63); making the total taxes raised by the State each year as follows:

1830

75

75

75

75

77

82

1884.
$ 1,343.36
571.40
1,025.72

1,576.67

5,671.16

93,386.27

60,759.27

20,464.30

6,437.70

13,585.91

$205,221.76

Rate.

60

65

68

68

70

75

75

85

90

Number.
332,286

330,551

315,098

314,120

291,948

280,652

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1885. $ 1,401.08

512.32 1,100.57

1,407.79

a. The population of Vermont since 1830 is shown by the following figures:

Per cent of In-
crease in Preced-
ing 10 Years.
0.5
4.9

0.3

7.5

4.0

18.9

5,625.34

87,445.99

67,936.73

14,992.22

5,893.63

14,370.03

$200,685.70

to square mile in Vermont;
31.6 35.3 36.2
to square mile in New Hampshire.

35.3

Though the percentage of increase shows a tendency to grow smaller in the last 40 years, this is not necessarily an indication of less prosperity, for the density of population in Vermont had about reached its limit for a farming State in 1840. This is shown by the comparative density of population of Vermont and New Hampshire since 1840, which is as follows: 1840. 32.0

1850. 1860. 1870. 1880. 34.4 34.5 36.1 36.4

38.5

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1849 1859

1869

1879

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Number of Acres of Im-
Farms. proved Land.

29,763 31,556

Making the same allowance for the state of the money market in 1870 as has been made above, a marked and almost steady increase is shown.

($27,356,909.)

in 1870 on account of the state of the currency Allowing 15 per cent as the extra increase in that year, the figures for that year would stand $27,356,909, showing an increase of True Value. nearly 75 per cent between 1850 and 1860, of $92,205,049 nearly 100 per cent between 1860 and 1870, 122,477,170 and of about 15 per cent between 1870 and 235,349,553 1880.

33,827 35,522

The number of persons engaged in agriculture in Vermont in 1880 was as follows:

Total persons engaged, 55,251; males, 55,037; females, 214.

Ages: 10 to 15-male, 1,670; female, 10; 16 to 59-male, 44,356; female, 160; 60 and over -male, 24,249; female, 883.

(The membership of the Vermont State Grange is about 2,000, composed of both male and female members.)

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Census, estimates that the increase of valua tion due thereto was 20 per cent. With these allowances the value of property in the State shows on the whole a decided increase.

c. Manufactures have also increased steadily in Vermont. The value of manufactured products in Vermont for the years 1850, 1860, 1870 and 1880, is as follows: 1850 $ 8,570,920 1860 14,637,807 32,184,606 31,554,366

1870

1880

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d. The condition of agriculture in Vermont also shows a marked improvement since 1850. The number of farms, the number of acres of improved land, the value of farm lands and the value of improvements and machinery used thereon for the years 1850, 1860, 1870 and 1880, is shown by the following table:

2,601,409

2,823,157 3,073,257 3,286,461

12,137,980 15,900,357 17,844,396

25,240,826

Number of Acres of
Improved Land.

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Value of Farm Lands. $63,367,227

94,289,045 139,367,075 109,346,010

The productiveness of Vermont farms compares favorably with that of the farms of other States. Following is given the number of acres of improved land in 1879, in the States of Vermont, New Hampshire, Maine and Iowa; the value of the farm products of each of these States in the same year, and the average value of products per acre:

3,286,461

2,308,112 3,484,908 19,866,541

Value of Imp. and
Mach. Used.
$ 2,739,282

3,655,955
5,250,279
4,879,285

Hay, tons.

866,153

940,178

Since 1850 the amount of agricultural prod- | the production of butter, milch cows, horses, ucts annually raised in Vermont has in- live stock, hay and barley. The amount procreased. There has been an increase in the duced of the last six named articles for the number of swine, oats, buckwheat and cattle years 1849, 1859, 1869 and 1879 is given as folannually produced; also a marked increase in lows: Butter, lbs.

1,020,669

1,051,183

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Live Stock, Milch Cows,
Value. Number.

146,128

174,667

$12,643,228 16,241,989 23,888,835 180,285 16,586,195 217,033 The amount of Indian corn produced in 1879 is about the same as that produced in 1849. The only leading agricultural products of which the annual production has decreased are rye, hops, wheat, cheese, sheep and wool. The decrease in the case of many of the last named articles, and especially in the case of sheep and wool, is to be attributed to circumstances other than the influence of railroads. (See Compendiums of the 9th and 10th United States Census.)

1849

1859

1869 1879

bound to see that justice is done. So much for that, which I will again say was quite unnecessary for my clients.

Scope of the Interstate Commerce Act.

Let us see where we are. This Act in its first and second sections seems to be couched

in language that is very plain to the unsophisticated mind. It appears to be intended to regulate and control, according to good methof interstate commerce by railways and water ods, and consistent with justice, the operations communications connected with them. So far as it was possible for Congress, within its constitutional power, to reach every agency engaged in those transactions, it was to be exerted. The object was beneficent and the nature of the Law was intended to reach, and, so far as language can go, I think does reach every operation of interstate commerce that is carried on by no matter how many agents or connecting local lines, so that they are engaged in a continuous transmission of men or things by any "arrangement," as the Law says, between them in relation thereto. There can be no escape from the provisions of the Law by any railroad in the United States, unless it is restricted by its charter and operations to purely local state business. Every road that provides facilities for the business of connecting roads, and engages in the taking of goods out of its own State on to a railroad in another State, by any sort of communication or arrangement, or combination, or understanding, by whatever contrivance or form it is reached, comes within the scope of the operation of this Law. When the States have undertaken to interfere with the abuses and wrongs that have been committed all through the country, the supreme court, much against its wishes and will, I believe, was obliged to decide that it was within the purview of Congress alone. So that I insist the language of this Act shall be given the most liberal and benign construction, in order to work the good effects it was intended to accomplish. It is not to be construed like a criminal statute, but every interpretation and construction that can aid and reach the great object Congress had in view should be given to it. Enough for that, because I am confident Your Honors will all agree with me. I do not need to resort to any strained interpretation to apply it to this case. I only make these observations to etate my views of its general purpose and effect.

ARGUMENT OF HON. GEORGE F. EDMUNDS FOR THE VERMONT STATE GRANGE.* Ishall, if it please Your Honors, occupy only a very few moments of your time in discussing this matter. First and principally, because I do not believe it necessary to you, or to the just disposition of this case; secondly, because do believe it necessary that my honorable opponents and I should get the train and go home this evening.

The Grangers.

First, then, as to the grangers, my clients, in respect to whom my Brother Fifield and the gentlemen on the other side have, from time to time, made observations altogether uncomplimentary, as to their being "mythical," "nonexistent persons," and so forth. All I have to say in reply to that is, that the farmers need no defense from me. They are a good deal more numerous than any other part of the people of the United States. I happened to see in a newspaper this morning an account of a meeting of 45,000 of them in Pennsylvania, the other day. There are a good many of them everywhere, though they do not all belong to organized granges, for the grangers' associations do not embrace all the farmers of the country, any more than the law associa tions embrace all the lawyers. There are a great many persons who have been admitted to the bar who do not belong to any law association; still we are supposed to be entitled to the same rights and privileges as those who are members of a law association. And the farm ers of this country, and of this State, therefore, have the same rights, whether members of the grange or not. They have the right to associate and defend their interests, the same as the railroads, the clergymen, the manufacturers, the Knights of Labor, or any other members of the community, so that I need not take up any time in vindicating them as standing before you and asking justice at your hands under the law for the classes of industry that they represent. You are here as a public tribunal of investigators, before whom any citizen, or any set of citizens, having a well founded ground of complaint, may come and state their grievances. They are entitled to be heard, and if a wrong is being done to them, you are

*From stenographic notes of John H. Mimms, Esq., St. Albans, Vt.

The Defendant Roads Within the Power and Provisions of the Act.

In this case we find certain facts sworn to by Mr. Porteous, although he seems to know a good deal less when he is on the witness stand than he does when he is off from it-as careful men sometimes do-and his superior officer, Governor Smith, seems to be affected with the same malady, unlike Mr. Mellen, who spoke fully and frankly, as did Mr. Mills, and these other gentlemen. As I said, we have the facts sworn to by Mr. Porteous, as you will see when you read over the reporter's notes, that in respect to the transmission of business between the places on the line of the Boston & Lowell Road (and by that I will include all from Boston to White River Junction,

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