New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-04
RAPS MERCHANTS BILL.
Mr.. Lehmaier Thinks Railroad Commission
Measure Unconstitutional

James S. Lehmaier. chairman Of the Commit
tee on Law and Legislation OF the Transit Re
form Committee Of one Hundred. said yester-
day:
Il Is announced that the Wallace Railroad cone
mission blu which provides for sn increase ia the
adcton q two members, who must be residents Of
ne CITY Of NeV-Nork. is 10 be urged 70 passage IN
whose afrit1iee toW-srd the rsiiToai coTroration
measures now pending in the legislature does not
seem 70 have received the approval Of his constit
yenJs. while the effect upon him OF what he refers
70 as unreasonable newspaper criticism has been
e!most pathetic. Alr Wallace $ measure Introduced
city alfiers from a similar hll introduced by As
The appointment q the rwo additional members or
the State Railroad Commissioner residents Of this
S nv t4e Beaea s 2 pTGseng 10Y Two aqetonal
such restrfcti2n- The Bedoll bill does not espe-
than the Of ths Stste-and II the purpose Of an
increase in the Eumber Of State Railroad Commls-
sioneTs IS 4 political one, and the object is 10
change the balance CT control OF that commission
from one Republican state leader to another. that
IS natter which should. perhaps. be left 10 the
determination OF those leaders and Of the railroad
law, pay the salaries OF an the commissioners.
lnasnuch, however, as The Wallace biz, which
Bioklles that Jne Two ac4luonaL state Railroad
Commissioners shall come from this city. Is being
DANGEROUSLY urged on The claim and pretenCe that
WI convert The stale italroac I5oarc az present
admittedly Incompetent to solve the pressing tran
efficient body I wish in behalf of the forty
eight organizations allied in opposition TO the Wal
lace bill 10 register emphatic protest against Il
and 10 ask members Of the legislature TO refrain
ron passing this measure. which is so entirely
opposed By the general sentiment OF the people and
The press Of this city. II IS difficult TO understand
road Commissioners Will help rs locally The State
Board which has shown itself unable 10 remedy
our iLtolcrabe transit conditions. viii stil be To-
Gated az Allar-. and the two members
matter what they desire TO do. viii be minority
members 80 that doubtless the only effect OF this
addition 20 It's membership will be that the state
Board viii continue 10 do nothing. 80 far as this
city is concerned. by q somewhat increased major
ftv AZ the legislative hearings the Wallace bill
Il was advocated sc0lv ~ che Merchants Associa-
ton ana ore other organization. It was opposed by
tepreEertatsves OF 1Ee Eoaru 81 Trade and Trans
nortsfion, the Transit Reform Committee OF one
Women's Health Protective Association. the Civic
Club, the City Improvement Society. the West End
Association and marV other organizations. includ-
Ing large number OF boards of trade OF Brooklyn.
me provisions Of the Wallace bill restrict the
Governor 20 the appointment Of residents of this
city. and. giving the orders OF the Board OF Rail
road Commissioners the effect OF a mandamus Of
Tie Supreme Court, are. IN the opinion OF such dis
unguished lawyers Edward =. Whitney. Dean
kirchve- Columbia University Law School. J
al and Il would seem that any one who advocates
The passage OF a bill the provisions Of which
seriously questioned by competent authority and the
effect u which viii doubtless be 10 involve any
test upon She part OF the resisting railroad corpora
tons the decision OF which viii take n number OF
Years and VIII beyond question be carried 10 the
gourt OF Appeals and perhaps 10 the Supreme
Court Of the United States. takes very large
tponsbity FOR the continuance OF the evils against
which this community has protested for many years
ano 20 relieve which a large number OF orERniza-
IONS have been working for a long time past.
Doubtless, even layrnan can see that a pro-
vision which compels the Governor 20 appoint two