The age-herald., 1901-11-18
Attorney A. Latady Speaks to the B'nai B'rith So-
 ciety
UTILITIES AND THE PUBLIC
Municipal Ownership Not Necessary With Public Control and Super. visIon-Upon What Condition
 Franchises Should be Given.

A Latady the we'll known attorney. delivered a lecture on the subject of mu- nicipal franchises before the members of the Bnai B'rith Society in the vestry room of Temple Emanuel last night. The audience was large and the closest at- tention was given the speaker.
 The subject of municipal franchises was discussed in new light and much information was made public. MT. Lata- dy is an eloquent speaker and his effort last night resulted in many congratula- tory expressions from members of the society.
 Among other things he said:
 "The readiness with which l accepted the invitation to read before your intel ligent and appreciative body the paper which I have prepared for the occasion was born, I sincerely assure you, of my lively appreciation of the proffered honor, and that my acquiescence was free from any taint of conceit on my part that was peculiarly, or even adequately fitted for the occasion.
 We are to consider the conditions upon which municipal franchises are to be granted; the rights of the public and the duties of their representatives.
 'I have advisedly proposed to consider the conditions upon which these valua- ble rights are to be granted, and not the conditions under which they are to be granted. for the latter term is too broad, s.-I.A erations which could serve but little oth- CT purpose than hide from view the more vital questions involved in a considera- ton of the conditions upon which these rights are to be granted.
 Must be Subject to Legislation.
 'All corporations which are the re- cipients of special privileges from the state to be exercised in the interests of the public, and which depend for their very existence upon the use of public property assuming the obligation to dis charge their duties for a consideration are necessarily affected with public uses and are and must be subject to legisla- sive regulation. This may sound like radical doctrine, but there is no escape therefrom and 1t will yet be recognized with regard to all such corporations as it Is now recognized with respect to rail- roads.
 "They are public servants because they may be compelled upon the payment of the pound of flesh denominated in their bonds to render their service to all alike. and have no preference or will in the premises they are public servants be- cause they owe duties to the public which if they fail to discharge will bring upon them a discharge from their office and position, the same as any public official; they may be removed from office by the courts and an officer of the nomination of the court put in place to discharge the duties incumbent on them they are public servants because they are commits stoned to discharge a public duty.
 Between Public and Servant.
 There Is no possible escape from the proposition that these natural monopolies and the means whereby they are enjoyed are public property and that in the grant of what we call municipal franchises there Is nothing other or further than a contract between the public and a pub
 
 duties for a consideration. The very hardest and most unconscionable part of the consideration Is the stipulation against public control. It may be sug- gested that in not one of the contracts is there any stipulation against public control, but therein lies the insidious part of the business. Such properties are in- parted to the negotiation as are incon- sistent with municipal interference and control except In the mere matter of the conduct of operations. and the con- tract is as potent against other munich pal control as if it were nominated in the bond.
 There are many who believe that our railroad commissions are outrages on the rights of private individuals; that 1t Is an improper inquistion into private affairs to clothe them with the right to investigate the affairs of these corpora tions, and I doubt not that the proposi- tion for which I contend is probably somewhat too previous to use a common expression. Sound and irrefutable as has been the argument that these monopolies have usurped inalienable public rights. and that they are mere public servants discharging public duties for a considera- tion, there are many of you whose accus- toned zeal for justice and innate respect and regard for the rights of property will rebel against this doctrine; but it's general recognition must in time come about. and we will hear discussed only the terms upon which contracts shall be made with public servants for the discharge of public duties.
 Cure DevoIves Upon the Citizens.
 If the citizens submit patiently to the imposition of a burden from which he may readily free himself. his patience can be attributed only to his ignorance either of his right in the premises. or of the power he has to right his wrongs If our railroads are subject to legislative control, and that they are is no longer an open question, there Is no reason. why other public servants to whom public duties are farmed out should not be un- der the like control. They are subject to the like control whenever the ma chinery of the law shall be set in motion for the purpose. I do not mean people