New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-06
LETTERS TO THE EDITOR.
LEHMAIER REITERATEs OBJECTIONS.
Tells What He Thinks of William F. Kings
Phantom Legislation.

concerning public matters is OF interest to those
who read his statements. I have read his reply in
this mornings Tribune to my criticism Of the Wal
lace Railroad Commission bill, introduced IN the
legislature at the request OF the Merchants Asso-
citation OF this city. 1t is to be regretted that the
opposition which this bill has developed. and the
emasculation which, according to Mr.. Kings con-
fession, 1t has suffered, have resulted in
rufing his good nature.
Mr. King says: Mr. Lehmaier's alleged analysis
of the legal aspects Of the bill does not correctly
state the legal aspects and that 1.-The bill has been
amended to meet the constitutional objections TO
which Mr.. Lchmaier adverts." Let US SEQ. Apart
from presenting the deliberate conclusion OF the
forty-eight commercial and civic organizations
allied in opposition to the wallace Merchants AS
ISOLATION bill that # passed It would not relieve
the transit situation in this city stated 1t to be
the opinion OF number of distinguished lawyers.
whose names I mentioned. thai the Wallace bill
unconstitutional in that It restricted the ap-
pointing power OF the Governor in the selection OF
the two additional State railroad commissioners
provided for in the bill TO residents Of the city Of
New-Yor1. and Furthermore, in that 1t gave to the
orders of the State. Railroad Board the power and
effect of a mandamus issued by the Supreme Court
this latter objection being serious as the
former. II not more so.
Mr.. King says that the bill has been amended TO
meet the constitutional objections" to which l
refer and then proceeds to that the provision
limiting the Governors appointing power is no
longer in the bill, but admits that the mandamus
provision is still contained in the measure 1t ap-
pears, therefore, that OF the constitutional
objections" to the blll-and Il is a most important
one-has not been met. although the natural IN
ference from Mr.. Kings statement is that the OBJ
jectons have been removed. I have before me
the Wallace bill in the form in which 1t remained
up 10 very few days ago, and IL it has been
amended so as TO strike out the provision limiting
the Governors appointing power. it must have
been done within the last few days at the request
of the Merchants Association, there being no way
in which the opponents of the bill could learn OF
~ ~ 60 int
The very fact however that this particular OBJ
section to the consttutionality OF the measure has
been met by eliminating this provision OF the Dill
shows that our criticism OF It in this regard was
sound. In this connection I may say that not
wthstandng the fact that Mr.. King says that early
last fall he asked Governor Odell. personal
favor" TO request the Attorney General for an
opinion on the constitutionaty Of the bill, ana
that the latter declared the provision fixing the
locality from which the two additional commits
soners should come to be unconstitutional. the bill.
as introduced by Mr. Wallace at the request OF the
Merchants Association on January p. 1885, con-
tains this unconstitutional provision. and 1t re-
NAMED In the measure until at least very few
days ago. The organizations for which speak
are not in position. such Mr.. King evidently
IS to ask personal favors" Of the Governor but
Il is, OF course a satisfaction 20 US TO know that
our opinion on constitutional points is as MI. King
admits. sustained by that OF the chief law oincer
OF the State.
The newspapers OF last evening and OF this morn
ing contain dispatches TO the effect that this man
damus feature is TO be eliminated from the oii be-
cause it is regarded unconstitutional II this
be true, 1t viii leave the measure I'm the precise
form in which the WilcoN-Bede! bill now Is name
~. a measure which does not at all change tho
present law. except in SO FAR as 1t increases the
Board OF state Railroad Commissioners from three
o five As / stated in my interview, which you
published on April 1. such a bill does not concern
this community any moro than the rest OF the
State. Il makes difference to US whether there
three, five ten railroad commissioners. and
n the object OF such a measure Is political one
and It's design to shift the control Of the State
Board of Railroad Commissioners from one Repub-
ican State leader TO another. Ills matter which
those leaders and their friends In the legislature
any suggestions or interference from any one else
under the bill viii continue as under the present
law pay the salaries Of all the commissioners;
Apart from the constitutional objections the
forty-eight allied organizations are opposed 10 the
Wallace bill as It pTeJends to be measure 9eslsgl
tons OF the city. In our opinion Il viii not accom-,
Sun De located Albany. the two additional mem
bers teveu though the Governor should ultimately
York; will be minority members, and their salaries
will still be paid by the railroad corporations whose
AFFAIRS they ere caed upon 20 supe VS. anu "'OS
abuses they are constituted to correct. -, H.,
and authority 10 control our local railroads. Mr..
King stigma tlzes such an object as home rule
phantom" IL il be So II Is one which the allied
come natelialized. for there IS no reason why we
should have local control OF our railroads. such
have over Gas, water, electricity and
tenement houses, the desired control OF which by
f S@T citizens was at one Tune designated as 'HAi-
Mr. King does not deny that last year he himself
that a local railroad board was far prefer
able to State board. and that his only reason
for advocating the former was because the
local board OF railroad commissioners presumably
not personal favor to him.
Mr. King says that the Merchants, Association
that Mr.. King Is endeavoring TO pass bill which
in its present form with the mandamus feature re-
tanned viii enable the RAILROAD corporations TO re-
slst the orders OF the State Railroad Board through
rn EdF sae so Supreme Sn "a 30 y 70 a
see il done without making our protest against IT,
il may be well for the public generally to know
that conferences OF organizations. including
the Board OF Trade and Transportation, the Tran
sit Reform Committee of one Hundred, the city
Club, the Citizens Union, the West End Associa-
always have been giad TO have had the Merchants
Association Join in consultation; but Mr.. King. al
though approached several times for this purpose.
has invariably declined TO consult with us except
upon the one occasion referred TO above, when N
d. Herman. Edward b. Whitney, myself and
pressing his bill was because the Governor would
not sign any measure designed 10 give TO this
chants Assoclato IN refusing 10 CONFER with other
organizations. and In advocating measure which
VIII f If passed @ either 5e nmca to tie interests
Of this city at least futile to accomplish any
which # could exercise In this community2
The Merchants Association has by itself and in
tang for better transit facilities for this city
he final elimination OF al! ITS efforts to be bill
jority In the State Board Of Railroad Commission
I'm the Elimination OF it's much proclaimed faaf5Ire
that the two additional commissioners were by law
ca we rr S ' TIE phS hs rs R6@c
rule kind. giving to or own citizens SUPERVISION
King now DEGREES JAMES s IFTiMHIER
New-York City. April 3. 1904.