New-York tribune., 1907-09-13
"P. s.. LAW DEFECTIVE. :.
Frank Hendricks Says 1t Nay BE
Unconstitutional.

Butalo Sept Els Socialism a Threatening
Calamity" was the general topic announced for
discussion by the American Social Science Asso-
citation at to-day's session, Frank Hendrick spoke
on Policies. Reaction and the Constitution D-.
A. F. Weber. of the New York State Department
ot Labor, Labor Legislation, National ana IN
ternational." and w. j. Ghent international
Socialism: It's Aims Methods and Progress" These
addresses followed by general discussion.
Mr.. Hendrick said in part:
Never vas the American system of government
s 6 law ndeT With cpae or s n9Ges to
popular government more clearly shown than a.
ing, n the name of law conhicting errors. 81 the
one side are the On the % otnes 2eTTc Tce be
exercise of the power of the judiciary. and par
T 9ay RI enH f the st Te qts as n not to
extent Well advised executives who are poIGlis9s
through the courts Their achievements by this
method take away the only possible detehce O.
their policies.
The experience of Massachusetts illustrates the
true nature Of commission. the positive force
that a knowledge of facts gives to the sense OF
Justice OF the community, and the real bond OF
interest that unites private enterprise with the
general public. In Massachusetts,. control has been
In every way near perfection as it now seems
possible for human institutions TO achieve The
New York public service law. recently passed. but
fer Inconsistencies of form and empty and mis-
leading phrases pretending to confer power. which
may cause 1t be declared unconstitutional. would
be ideal statute.
the commission OTQer Is really a reCOnlIHenud-
ton. and the may be worked exactly as in Mas
sachusetts where three departments of govern
ment stand behind the conmissicn-the Executive
ready bring action through the Attorney Cen
eral the Legislature ready enact the recor1nlen
dation into law. the judiciary ready TO make de-
cree on the complaint of citizen Of the At
torney General upon either the common law the
recommendation the statute, The recomner-
detion. based is upon arbitrary power. but
upon work and knowledge. is always needed. and
tyranny and contention replaced by conciiato1
and co-opera ton.
In New York the commission may Itself move
through It's counsel. The Attorney General
no longer stands between the people and the
courts. The avoidance by Governor Hughes OF the
innun1erab Bile pitfalls which lie before the progress
sive executive who attempts assert the rights
of the public against corporations, into which
moreover. others have precpitated themselves
with evident enjoyment, gives good reason to hope
that the political revolution which he has initiated
IN New York State will indeed consumnlated
Policies that give ground for reaction are the
basis Of the wonderful progress toward self gov
eminent the Empire State has witnessed in the
last eight months. To overlook Governor Hughes
IN this paper would be to attempt 10 express
quantity without the symbol
Charles B. Wheeler, justice OF the Supreme Court
spoke on the tendency OF recent tax legislation
with particular reference TO death duties and
progressive inheritance tax He referred TO Pres-
dent Roosevelt's advocacy OF graduated inheritance
taxes as having done much to call the peoples at
tention 10 the possibilities and effects OF such
scheme OF taxation The increase of intangible
personally in recent years had allowed much OF 1t
70 escape taxation and the demands for revenue
had increased Legislators had turned 70 new
methods OF taxation and Justice Wheeler believed
the general property tax would be less and less
exercised and that its place eventually would he
taken by the excise method OF taxation tax on
succession OF decedents' estates being one OF the
principal sources Of such revenue. Nearly all the
laws imposing taxes in the nature OF death duties
had been enacted within fifteen years said Justice
Wheeler. and 1t probable that the immediate
future would more or less adoption of the
sy-st