New-York tribune., 1903-04-19
CALLS FINCH BILL IMPRACTICABLE.
Declares That It Would Not Accomplish the
Purpose of It's Sponsors.
be Tribune

To the Editor of The Tribune
Sir: in receipt of communication from the
Merchants Association OF this city urging me 10
oppose all railroad bills now before the legislature
except the Finch bill. in which communication,
beautifully coIored in black and red. 1 find the
following:
For effective control Of steam railroads ana street
railways throughout the state. ,, - -t,iz
The steam railroads and street railways OF ;I thIs
State are assumed 70 be regulated by state fNali
road Commission lon Of three members has
U++ie aTecfive mower II car investigates advise,
recommend and order, but It cannot enforcs The
or by appeal 10 the courts, which operates az a
Moreover citizens may comp am 10 the
OF abuses, but cannot compel their proper LiNe911
For these reasons there is now effective regu,
no reeuIation whatever by them Of street railways
Hence the people are without easy or reasonaDle
This association has submitted to the legislature e t
a bill TO increase the number OF members OF ths
State Railroad Commission from three % i've and
give them powers TO compel steam ralIroaos anu
Under this bill any twenty citizens. by making
written demand can cause toaInai f ing % m Sor1 NJ
mission finds Il may order the raliway c4
P5ny Pbnyes 70 comRpained RT9giids a0fi'0'a 0f '''s
Which order the company must oDey io bIIt The he
The company may appeal TO the cGurts; e1dine neC
order Of the commissioners must be ooeyed Pehoiis
The effect of this bill is to give to the people Of
every city town an9 vifage eoa5 III oaS abuses II IS
especially adapted to secure efficient service ana
which generally ignore the rights OF the puO0'
Mr. J. AspInwau Hodge. IN an able brief. has al
ready pointed out the grave constitutions ques
tions raised by the Finch bill 1t may, however
serve a useful purpose to point out at the mo-
nent the impracticabllty Of the measure 10 &C
compIish the purposes of its sponsors.
Only brief examination of the authorities OF the
State would disclose that the following proposiO-
is well settled:
The determination Of a board OF railroad com
rnlssioners is judicial determination. and re-
viewable by the courts ,co
People rel Steward Y r X. CoHlIiil ., %
y. Y. 2o2 In that case, Parker. Ch- J.. quoted the
words Of Iandon J.. in the case Of the People eA
rel Babylon R. R Co V. R. R Commissioners a.
App Div I7g; 15S n. Y. I'll, which expressed lhe
views of both appellate tribunals;
1t is part of our State system to commit s3s nlss
and ministerial functions. TO single & ocer. tive ~
board or i G9is9o d9 beine in some cases dependent
upon the exercise OF the Judicial funSnon: 9Cee
constitution, unlike that Of the United otdI-s
not commit the whole judicial power 70 tne % egrt nv e
in the first instance, hence eur sEseet 1 ~ r offcer
! Certforari Of the determination oL d OOuS % ~
Does anv- LAWYER suppose for a moment that, with
this right of review the railroad companies wooLo
comply Immediately with the order OF the ran
The Company may appeal to the courts 55 m s4gB 4g
cnTnnssio9ers must be obeyed pending the pPeaI
OF what avail then the appeal! n,, II tue or an
/ carried out what remedy has the company Oh SP
The gentlemen who are SPONSORS for the rs11Il F1cn
bill must have found new system OF ~ ibIs
Jence for under the system prevailing III 80
]
almost always except in extraordinary 4 Eases hin
There are many other objections TO Lhe IA ~ oIlt
How for example will It increase the eG7nsy ~
that body TO increase its membership II II ToI sSI1It
seem as has been very we'll said, thaI tne ia, reSs
would be a commission doing nothing by d ia' se'
What a pity that public spirited an 0rgallz4 ana
ton as the Merchants Association sh2uiu pe W. w ~
fng-frittering away-its energies IN adToctCS VI
such bill as the Finch BILL and win opsL5iaS' opp ~
not persstency-spoiI. by opposing ItT eTneI[,
seeming the passage of good measure
the Wood-Russeu bill for local ralr88lI ~
si%SIl, i%Sau-york Citv. April Is, 1903.