New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-05
WI. KING REPLIES TO ]. S. LEEMAIER
Merchants Association Railroad Commits
sion Bill Is All Right, He Says.

To the Editor OF The Tribune.
Sir: ] observe that James : Iehmaier to-
day makes a Ions attack upon the Wallace Rail-
road Commission bill. introduced at the request
az the Merchants Association OF New-Horll. II
Mr. Lehmaier were TO inform himself OF the facts
before stating his opinion upon this and other cues
tons he would speak with more authority and his
opinions would carry mora weight
In the first place. the bill has been amended
from the form in which Il originally offered.
in order meet the possible constitutional ohjec-
tons which Mr.. Lehmaier adverts. Tho bill
as il now stands does possess the features which
Nj Lehnaaier attributes 70 II. and IS not open to
the possible objections on which he lays so much
stress. Moreover Mr.. Iehmaier's alleged analysis
Of the legal aspects OF the bill does not correctly
state the legal aspects
In order 20 meet the criticisms which had been
made as to that portion % the bill early last fall
I asked Governor Odell. as personal favor 10 re-
quest from the Attorney General OF the State an
opinion as 10 the constitutionality OF the bill Mr.
Cunneen declared the bill constitutional with the
possible exception the provision fixing tho 10
cality from which the two commissioners should
come. Later. after the Wallace bill had been in
trcduced. q conference was held between The legal
committee Of the association and the Attorney
General at which the various provisions Of the bill
we're thoroughly discussed. Although our position
vas still believed to be sound by legal commit
tee buttressed by the opinion Of Abel Z. Black
mar counsel for the New-York Produce EX-
change It was decided 10 omit this provision in
order 10 90 away with tho Objection Wrlch had
been raised to It
AS the bill now stands il contains every essen
tiaI for the protection of the people OF New
York against the disEracefuI traffic conditions
which have so long prevailed. 1t enlaIges the Rail-
road Commission to give It the physical capac-
fly needed 10 do the work. II provides the ma
chincry whereby any twenty citizens can take the
necessary steps 10 start the laws machinery II
makes it mandatory upon the Railroad Commits
sion TO take proper action. Finally, IL gives 1t
sna .
at the same time. despite Mr.. Lehmaiers imD!ica-
ton to the contrary. reserving to the railroads all
their proper rights by providing for review OF
the actions OF the Railroad Commission BY the
courts Al present thS JuCIclai ~ yCess ca go ~
one which makes oeiay lneNlIabIe aiG PftNtiiIts
speedy judicial action give effect TO me people
the procedure ana coiilpels the Id-Loen coluL Ies
TO do their fun duty 20 show at once 10
the court sound reasons why the orders OF the
Railroad Commission should not be obeyed-
What Air. Jeh-naier says as 10 the previous I'M
ft las hitherto been an almost useless body be-
cause Of no power to enforce its orders The Wal
lace Railroad Commission bill not only clothes the
Railroad Commission with all the necessary powers
20 effect is functions but II insureS that tho COM
mission 2. Sha properly perform me duueS WIN
The Local Commission bill which Mr. Lehmaier
favors clothes the commission 70 be created there
sac Raiir6ad Commission possesses. and no
500 ~se-eSore II would be an equally useless
body according TO Mt LohnSisTs 2Tn show; ,,
practical legislation and not engaged In chasing
am confident that our bill will pass tho legi--
lsttre and become a law. II provides ample ma
chinery for the redress Of the peoples grievances
S S2s ASH ses II @ Be UP 10 the people themselves
20 enforce the remedies which the law confeTs
20 stop with the passage Of tine bill but Will push
for the relief which 1t win be possible TO procure
-i' WILLIAM r. KING.
Chairman fSs MerSsnts Assocation o. NeYoTk
New-Yorlk. April 4. 1901