New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-12
METZ PAYS NO P. S. BILL
WATTS ON PENDLETON.
Says Corporation Counsel Mast First
Call act Constitutional.

Controller Metz announced yesterday after
noon that he would refuse to pay any bills of
the Public Service Commission until Francis K.
Pendeton, the Corporation Counsel, de-
clared the bill creating it constitutional
A payroll of the employees of the commission
in its engineering department, after having been
signed by the commissioners and duly approved
and certified by the State Civil Service Com
mission, will be referred to the Controller. His
action on this payroll is looked to as significant
of the attitude of the city officials toward the
Public Service Commission.
From his statement yesterday it is evident
that the Controller will not act until receiving
Mr.. Pendleton's opinion the constitutionality
of the bill. It is equally evident that if the new
Corporation Counsel should decide that, in his
opinion. the bill unconstitutional. the Con-
troller would refuse to honor the payrolls of the
commission for time seriously embarrassing
1t in its work
Cnder the provisions of the public service
Dill the state pays the salaries of the commits
sloners and also pays the salaries of the
sci and secretary of the commission for the 1st
District. But the bill expressly provides that
IT shall be the duty of the Auditor and Con-
trolIer OF said city (NeW York; 10 audit and pay
the proper expenses and compensation of the
rotary and counsel upon receiving vouchers
therefor, to be furnished by said commits
sion. ="
Such being a provision OF the bill. a bill
legally passed by the Legislature of the state
and signed by the Governor lawyers think tho
attitude of Mr.. Metz in withholding funds from
the commission pending the opinion of tina legal
representative of the city, a delicate one.
Some go far to say that Mr. Metz puts
himself in the position of refusing TO obey
~ hn CT a YArfNr1Oi 1nT 10 H-aW
gave yesterday the following as his view of the
situation:
The public service law has been duly and
legal! passed and placed tho statute hooks
of the state. Consequently. until this law IS
proven unconstitutional by the court of highest
appeal, It is one Of the laws OF the state and
must he obeyed any other law on the statute
books
Now, the CONTROLLER should obey this law,
he would any other statute. no matter what his
personal opinion may be to It's constitution
atty He must also obey its provisions. no
matter what the opinion of the Corporation
Counsel may be. Assuming that Mr.. Pendleton
will render opinion that the bill is unconsttu-
tional that does not make 1t citizen can't
refuse TO obey law because his lawyer says In
his opinion the law is unconstitutional. The
public service bill is constitutional until II has
been declared unconstitutional by the courts.
Since II IS constitutional il is valid, and Will
remain valid and effective until the courts de-
"ln my opinion. Mr.. Metz must obey this law
until it is declared invalid. regardless Of the
opinion of any lawyer in the state or " the At
torney General himself If he refuses 10 honor
the legitimate expenses Of the Public Service
Commission for this district when duly pre-
scented under the provisions Of the law he plain
ly refuses to obey a law Of the state and is
liable therefor
II is not probable that this question will be
forced 10 an actual issue, as II is believed that
Mr.. Pendleton viii render an opinion declaring
the law constitutional. The Corporation Counsel
is at present devoting a large amount of time
preparing his opinion the bill. He has also
some of his office force at work on the question.
Yesterday. Mr.. Pendleton said that he would
render opinion soon possible, Sut that
the question was Of such importance tina: Ne
giving it thorough study.
LAS far ! concerned" he added Il do
not feel called upon TO consider that Mr.. Ellison.
my predecessor has expressed any opinion at
all"
It Is known that William B. Ellison had pre-
pared opinion in favor of the public service
bill and was prevented from signing 1t by his
sudden removal from office. 1t at first
thought that Mr.. Pendleton might be influenced
by this opinion as II prepared by Mr.. Eli
son with the assistance of two members OF the
legal staff OF the Corporation CounseTs office.
Should the unexpected happen and Mr., Pen
deton declare against the constitutionaity OF
the bill. the question Of whether the burden OF
proof lay with the city with the Public Ser
vice Commission would have TO be decided Tho
city would attempt 70 force tho commission to
go to court and prove the measure constitutional
before giving il recognition.
The Public Service Commissioners feel little
apprehension over the situation They rely on
public opinion to that their work is not
held up and their usefulness destroyed even
porarily.