The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-17
MAKES UTILITY
COMMISSION
PROMISE
Senate Committee Tells
Trade Board Bill for Con-
troll Will Be DRAFTED.

State Senator Thomas J. Hillery, of
Morris County, chairman of the Senate
committee appointed to prepare a bill
for the creation of a public utilities
commission. left the Newark Common
Council chamber in the City Hall last
night after declaring that his COM
mittee would draft a measure in ac-
with the views expressed in
the resolutions adopted by the Board
of Trade. Alderman William p. Mar
tin. chairman of the Board of Trade
committee, was the principal speaker,
with William Mayo Atkinson. in the
PRONUNCIATION of a code of principles
the Senators should follow. they said.
in the labor of preparing the bill.
The views expressed by these two
speakers were Endorsed with practical
unanimity by the citizens assembled
in the chamber, although L. D. Howard
Gilmour, of counsel for the Public
Service Corporation, made a formal
plea early in the meeting that the
committee be conservative of the
rights of capital. Senator James Min
turn, of Hudson County. and Senator
Samuel K. Robbins, of Burlington
County, the latter two Senator Hill
lery's colleagues on the committee,
agreed with the latter hat their bill
would incorporate all the principles
presented.
The new bill. Senator Hillery said.
would be introduced at the next adj
journed meeting of the Senate. so that
it may be adopted during the present
session and become a law next Septem-
Der, when the Assembly will meet.
In the meeting Senator Hillery said
the preparation of a bill intended to
meet the public utilities problem ade-
quately meant careful study and in
auiry, and said no political speeches
would be allowed at the session last
night.
Alderman Martin. chairman of the
Board of Trade committee on public
utilities, read the resolutions adopted
by his committee, and explained that
the principles were based on the prin-
ciples Incorporated in the Colby bill,
as Senate bA 265. Tit only crit
icism of this, Alderman Martin said,
was that it was identical with the
Hughes bill adopted by the New York
Legislature. The alderman said he
favored an appointive commission be-
cause voters are inclined to pay atten-
ton to the head of the ticket and little
to the names at it's end. He also in
the removal for cause provision,
in operation under the New York law.
it gave the Governor power to
remove on charges after a public hear
ing.
IT want to see this bill made broad
- Martin AfN
under the perview of the COM
mission to be created, all so-called
trusts and monopolies-"
Such provision might better be in a
separate measure, had it not?' said SEN
ator Robbins.
perhaps it would ,be better" replied
Alderman Martin, "but what ! should
like you to do is to make this bill SUI
hciently broad and to give the commits
sion sufficient power to remedy existing
evils"
Chairman Hillery interrupted to say that
the committee was appointed TO draft a
bill to create a public utilities commission,
and 1t would have TO confine itself to that.
Alderman Martin. however, insited that
no public utilities bill could be effective.
unless drawn in accordance with his views
and with the widest powers Of inquiry.
He said he didn't want to see the Repub-
lican party of New Jersey commit suicide.
William Mayo Atkinson. of this city,
spoke at length. He prepared the Rail
road Commission bill first introduced
in this years Assembly. and, al
though 1t failed of passage in its orig
inal form, the recently created Railroad
Commission is a result of the agitation In
which the Newark lawyer SO prominently
figured. Mr.. Atkinson said;
Every person or corporation who owns
or possesses a valid franchise need not
fear. from any quarter whatever, the con-
of his or its property, secured as
the rights of property are in the protec-
ton given to such property rights by the
State constitution of New Jersey and the
provisions of the constitution OF the United
States and the several amendments thereof.
But. of course, all property is held sub
iect not only to the power in the State
to tax. but also TO police, and In the case
of common carriers and public franchises
to supervise and regulate as to construc-
ton of works, the maintenance and OPP
Grafton thereof and the rates and charges
for their service.
The corporations now understand, and
in New Jersey, too, that the day when
the corporations control the making of the
laws has passed, and the laws today that
are being made will control the corpora
lions. Steam railroads, troileys, electric
companies ct al, are equally subject to the
police power of the State of New Jersey,
lust as much as are natural persons. Mr..
Atkinson said the Hughes law was a mas
- - AAaa AA OAAh loAAt
I have not gone into the details OF the
Wright bill and the Hughes act, of which
1t Is a counterpart, because its provisions
widely known. 1t is a practical law; 1t
Is a fair law. 1t is a just law, and 1t Is n
law that cannot be used in the cause of OPP
preston or for private interest. 1t is a
law that has been drawn with very much
care by some of the most experienced jur-
lists of the United States. 1t Is a law that
has withstood the CALLING fire from the
most expert and learned lawyers and jur-
lists that the public service corporation law
yers the State of New York could procure
either to advise them at home or speak for
them at Albany.
1t is a law, in short. that the people of
New Jersey put their confidence in, and 1t
Is n law free Of 'jokers.' and while your
honorable committee could in their own
words and In different words from the
Hughes act, draw a law OF their own. when
your honorable committee got through
they would have lone much labor, and
would substantially have developed and
the same statute as the Hughes
act. Mr.. Wright, of Essex County, intro
duced such a bill two weeks ago into the
Assembly. 1t failed to pass, but twenty
eight AsseMblynen voted for 1t, There is
doubt that II your honorable committee
report this bill that there Will be more
than thirty-one A~ssemblymen vote for 1t
should 1t be passed by the Senate. 1t is a
that you viii never regret. 1t is a
that will he n monument on tho STAT