New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-09
TILE RALLRO1D COMMlSSlON.


One of the most important OF the multitude
nous duties connected with his office Governor
Cleveland will be called upon to perform before
he is well warm in the Executive Chair. We
refer to the appointment or the Railroad Com
mission. The first section of the law which was
passed last winter creating the Commission
reads as follows;
SECTION There shall be in and for the State Of
New-York a board OF Railroad Commissioners TO CONSIST
of three oompe persons, who shall be appointed by
the Governor by and with the advice and OF
Senate one Of whom shall hold office three years. QUE
four years. and five years such appointments shall
be made within days after the third day Of January,
eighteen hundred and eighty-three One Of said per
sous shall be selected from the party which shall
the next general election the Creates Of votes
for Governor OF the State aud OF SAID persons shall
be elected FROM the party which shall cast next
general election the next greatest number Of votes fol-
Governor OF the State OF whom shall be experienced
I'm railroad business, and OF said persons shall be
selected upon tho recommendation of the Presidents
and Executive Committees a majority OF each, the
Chamber Of Commerce Of the State OF York the
New-York Board Of Trade and Transportation, and the
National Anti Monopoly League of New-York as said
organizations exist, any two of such organza-
lions so represented In case Of disagreement
While the bill was pending In tue Legislature
it was thoroughly discussed and many of its
weak points, which are now being dwet upon
and which form the basis of the demand that
the law be amended before the Governor is
called upon to take action under it, were
brought to the attention of the Senate and AS
semby The most serious Of the criticisms
passed upon the measure are addressed to the
question Of its constitutonalty. Article X,
Section 2, of the State Constitution, after
| in xrhi
and village officers shall be chosen or appointed,
concludes as follows "All other officers whose
election or appointment is not provided for by
this Constitution, and all officers whose Offices
"may hereafter be created by law, shall be
elected by the people or appointed, as the
q Leeislature may direct" 1t is held that this
Constitutional provision is not to be construed
as authorizing the Legislature after it has
vested the power OF appointing the Railroad
Commission absolutely in the Governor to de-
priye him of that power as regards one of the
Commissioners. Another weghty objection 10
the law lie that it divides the responsibility of
the appointing power. If the Commission does
not give satisfaction to the public, who is to be
blamed-the Governor, or the Chamber of Com
merce, or the New-YOrk Board of Trade and
Transportation, or the National Anti Monopoly
League7 A criticism Of perhaps less force is
directed to the political aspect of the subject.
A majority OF the bodies named in the bill have
selected ex-senator O'DOnnel for Commits
sioner. Mr. O'Donnoll is a Republican. The
Governor, under the bill, must send in his
name to the Senate. The Senate of course can
reject him if it sees fit, but in case he is con-
, frmed will the Governor be compelled by the
bill to select Republican and Democrat for
the other two members OF the Commission
Some say yes to this question and otuers no.
| If those holding the Affirmative correct in
their Interpretation Of the law, then the anomaly