New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-04
BILLHEARING
MR. CHOATE Il SPEAKER.
Ornaments Take Al the Time and
Session Is Continued.
IBy telegraph TO The tribune. ]

Tysy Telegraph TO The IribuneI
Albany April S-Friction between the Senate
Judiciary and Assembly Railroad committees ana
representatives OF civic organizations in New York
CITY who had gathered 70 advocate the Governors
Public Utilities bill narrowly averted tonight.
Opponents of the measure had occupied all the
time the afternoon session OF the second hearing
on the bill. When the committees recOnvened TO-
night there were present Senator Page and Assem-
blynan Merritt the introducers OF the bill, and
Senators Aids. Human and Davis Senator Davis
announced that the committee would sit until mid
night and hear all arguments on the measure.
At 10 o'clock p M. representatives OF small COM
panies and labor unions were advancing minor ar
guments against the measure William NJ. Twins.
James S. Lehmaier. OF the Transit Reform Com
mittee OF One Hundred: Julius Henry Cohen OF the
Citizens Union: Charles Sprasue Smith. OF the
Peoples Institute: Edward 3. Whitney and many
others were waiting with I'll concealed irnpatience
for a chance to express their views. They felt IL
would be unjust to expect them In two hours 20
argue on the measure. where the opponents had
had two days.
There's really no need for argument. can say all
/ want 20 in one minute. Gentlemen. there's no
need to argue for this bill with only two members
OF the committee present besides its introducers.
Senator Davis himself saw the justice Of this po-
sition. Mr.. Twins, who was very tired had left
the Senate chamber and other advocates OF the
bill were returning. when Senator Davis held 6
consultation with them and arranged for con-
tinuation OF the hearing tomorrow afternoon.
This hearing brought out strikingy argu-
ments against the Governors bill. Lawyers for the
gas companies had their technical amend
ments to suggest. but IN the main supported the
amendments urged last week. especially the broad
court review.
DEFECT IN BILL REVEALED.
One rather sensational incident revealed a defect
in the bill which It's intrOducers already have taken
steps 20 correct A J. Dittenhoefer. representing
the Longacre Electric Light and Power Company.
charged Senator Page with being In collision with
the Consolidated Gas Company in drafting the bill
and with aiming to ruin the company he repre-
scented.
You have Put in this bill just what the Con-
solidated Gas Company wants. he shouted. You
have fastened on the city OF New York the Odious
monopoly OF this company. which is defying
the Governor OF this state and the laws OF the
state"
Senator Page did not rest long under these asser-
tions- Under his questions Judge DittenhOefer ac-
knowledged that he was mistaken in the charges
he had made. He admitted that he had not heard
OF an amendment that Senator Page had proposed
doing away with the particular features OF the bill
which ne objected 90 most. After Judge Often
hoefer had assured Senator Page that although
the circumstances looked suspicious yet he now
felt assured that the Senator did not mean 70 help
or harm any particular company" Senator Page
gave him lecture on imputing wrong intentions
20 people without sufficient ground
Joseph II. ChOate was the only representative OF
steam roads 10 appear before the committee to-day
Fls arguments were practically the same as those
advanced by other steam roads The amendment
most desired was giving the roads the same
right of review that they have az present The
of the time OF the hearing given 20 rep
resentatives OF the lighting companies. Counsel
who spoke for these companies unanimously sup
ported the objections and amendments advocated
by tho steam roads. The most radical changes they
advocated were TO permit the companies to issue
promIssory notes and incur indebtedness without
obtaining the consent OF the Utilities Commission
have the price of gas and electricity based on "a
fair. reasonable ana fairly remunerative basis" and
20 have the price determined remain the same
for three years at least.
Senator Page said after the hearing that the
arguments advanced to-day suggested several
minor amendments that he thought would be neces-
sary, but OF material character. He emphatically
stated that his position the question OF a court
review was unchanged. nor would he agree 20
amending the bill so that the order OF commission
might be stayed pending the result OF an appeal
MR. CHoATE FIRST SPEAKER
Mr. Choate the first speaker. representing the
New York New Haven 6 Hartford Railroad Com
pany ,He advocated amendments similar 20 those
suggested last week by the railroads meantime
praising the Governor for recommending q utilities
bill that would prevent "the watering OF stocks
and make impossible any more Hartman heroics'
The points OF the measure he most objected 70
were:
Power OF appointment and removal Of commits
sioners vested entirely in the Governor no STAY OF
commissions orders while awaiting result OF nm
appeal
Limiting the amount OF capital stock that one
company may hold Of another company.
Not permitting a company 20 mortgage its tran
chises beyond the amount paid the state for fran
chises.
Not permitting appeals 20 the Appellate Division
Mr.. Choate said the Governors speech az Utica
had cleared the atmosphere greatly. He said the
Governor believed in the right OF review 20 a GER
tain extent. He insisted. however that thera
should be the right of review OF any order lnvoIv
ing substantial rights OF the railroads Mr. Choate
argued that the bill was not drafted by tho Gov
ernor.
'I know Governor Hughes. and know how good
a lawyer he is he exclaimed. And DONE he
leve he drafted this BILL which is unconstitutional
IN some points" He condemned the bill as helm,
revolutionary. and scathingy arralgned dlrer.r,
state legislatures that were rushing through o,,,