Evening star., 1907-10-24
LEARNING THE FACTS
Investigation by the Public
Utilities Commissions.
SENSATIONS DISCLOSED
Counsel wins Indifferent as to VIII.
Will Be Hurt.
TO BE KEPT OUT OF POLITICS
Gov. Hughes Credited With the
Authorship Of the, Law-Will-
cox on Jurisdiction.
TO BE KEPT OUT OF POLITICS
BY WILLIAM f. CURTIS
Special Correspondence of The Star and the
Chicago Record Herald.


NEW YORK, October %, 1907
The public utilities commssionS-the
are two of them-authorized by the last
Legislature of New York are now in full
operation. One has jurisdiction over all
corporations doing a public service in the
state above the boundaries of Greater
New York; the other has Jurisdiction
over the railways, gas companies and
electric lighting companies on Manhattan
Island Brooklyn and in the other two
borouShs that constitute Greater New
York. All other public utilities are omit
ted from it's jurisdiction, although the
commission. if necessary at any time, will
contest the question in the courts. so far
as the ferries, bridges and other public
utilities are concerned. 1t is admitted all
around that the telegraph and telephone
companies are exempt from the authority
of the commission. and this was inten-
tional because if they had been included
the bill would not have become a law. 1t
is expected that both the commissions in
their first report to the Legislature will
recommend the enlargement of their
powers and jurisdiction SO as to cover
not only the telegraph and telephone
lines. but everything else in the way of a
public service.
Several prominent lawyers have quas-
toned the constitutiona,ity of the law in
private conversation, but no recognized
authority has ever expressed a formal
opinion on that subject The railway
companies do not care to have the con-
stitutionality of the law tested, but it
is predicted that the municipal authorities
Will raise the question sooner or later
when they come into collision with the
board
The city owns the bridges, the docks,
the subway and other public utilities, and
the mayor and other municipal officials.
like the board of estimates, do not pro-
pose to relnquish their authority in favor
of commission appointed by the gov
ernor unless they are required to do so.
The question of constitutionality, so far
as 1 can understand, rests entirely upon
the authority of the legislature to dele
gate Its powers and the powers of the
state executive to q commission. Gov.
Hughes, who is the real author of the
bill. Is said to have made a thorough in
vestigatton of the constitutional question
at the time he formulated 1t and to have
satisfied himself completely on that SUBJ
ject. He Is considered very competent
lawyer, as good as there Is in the state.
Regulation Of Public Utilities.
The object of the law is to regulate all
public utilities. Although some of the
corporations against which it was uirect-
ed accepted the proposition with many
misgivings. fair-minded and far-sighted
and straight dealing railway men encour-
aged and supported 1t because they real
ize that the day of railway regulation has
come and they thought it good policy to
anticipate the anti-corporation and So
cialistic elements by devising the form
and degree of regulation themselves in
stead of leaving that privilege to the rad
icals. They admit that it was a good
thing to have an arm of the state govern
ment in perpetual session to which they
can appeal for support and protection
and with which they can cooperate for
the public convenience and welfare.
Heretofore it has taken long time for
railway company or any public service
organization to obtain anything from the
state. Different organizations had differ
ent jurisdiction over different matters,
and sometimes over the same matters,
and were frequently antagonistic and
always used a great deal of red tape.
The new commissions under the law
have been intrusted with nearly all the
powers of the legislature and with a lib
.ral policy can do a great deal of good
although everybody comedies that their
efficiency and the success of the law, and
the satisfaction of the public as well as
the corporations will depend entirely upon
the personnel of the members. A dishOn-
est or fanatcal commission might do an
infinite amount of harm.
The responsibility intrusted to both
commissions is very great. They can do
almost anything to any public service
corporation They can create and abolish
and do almost everything else between.
The railway companies and other cor
porations. however. are now able to know
with whom they are dealing. The new
law gives them shelter and prote ction
from many annoyances like blackmail; 1t
saves them much expense and has abOl-
ished the lobby, which Is no longer neces-
sary.
Hughes Author Of the Law.
There is already dispute as to the au-
thorshp of the scheme. but Mr.. William
r. Wilcox chairman of the Greater New
York commission. gives Gov. Hughes the
credit. He says that the law, however. is
composite OF sugge stionS drawn out
from various persons interested in cor
poration regulation by the inaugural mes
sage of the governor. which took radical
ground on that subject. This portion of
the governors message was favoraby
commented upon by many people who
urged him to recommend specific legisla-
ton to carry his principles into effect.
The governors former preceptor and in
innate friend. the late Prof. Hufcutt,
dean of the Cornell Law School, was espe-
cially urgent and probably exercised as
much influence as any one. Mr. William
NJ. WINS. who is now the counsel of the
commission, was a SO very strongly in
favor of the legislation and prepared
bill himself which was much more radical
passed. The governor was not willing to
20 so far as Mr. WINS desired. but many
atures OF the bin Submitted by Mr..
IvnS were embodied in the law! Several
other gentle men are also entitled to credit
but Gov Hughes is the man who welded
the suggest stions together and framed the
statute as it actually passed. He is also
responsible for its passage and made it
the chief feature of his administrative
policy.
Since 1888 the state has had railway
commission said Chairman Wilcox
but it did nothing for the city. The peo-
pie of Greater New York wanted local
committee to look after local public utili-
ties. Governor Hughes was perfectly fa-
miiar with public sentiment on this SUBJ
ject He had helped to create 1t; he had
been engaged actively in the agitation for
several years and consequently was ready
| TO respond as soon as he came into power
Jurisdiction of the Commission.
1.-The jurisdiction Of the commission is
nominally confined to traffic and light.
| The telegraph companies and telephone
companies were left out of the BILL first
| because ii was thought the commissions
| had all the work laid out they could do
without them, and, secondly, those corpo-
rations were evidently determined to de-
| feat the measure if they were included
! Furthermore, the bridges and the tunnels
| belong to the city and we will not assume
any authority over them except so far as
to control the railway tracks and the