New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-28
BILL TO GO TO MAYOR.
UTILITIES, CITY MEASURE
Action Decided at Conference
Page, Merritt and Hufcat Present.
IBy Telegraph to The Tribune. :

IBy Telegraph to The Trihunel
Albany April 27.-After a long conference TO-
day, attended by Senator Page. Assemblymau
Merritt and Dean HufcUt. Governor Hughes's
legal adviser. the decision was reached that the
Public Utilities bill would have to go TO Mayor
Mcclellan Of New York for his approval This
IN all probability viii result in keeping the Leg
stature IN session until the first week in June.
on the chance that he might veto the measure
and make necessary its repassage by the Legis-
latuge
The question finally settled by the conference
today had been vexing lawyers since the bill
frst was presented On many sides the conten-
ton was raised that since the Public Utilities
Commission in the metropolitan district would
supersede the Rapid Transit Commission the
biu was q city measure" Further than that,
some lawyers held that IT was a city bin be-
Csuse the boundaries OF the metropolitan dis
trct we're the same as those of New York City,
slough the act itself was general
Attorney General Jackson. after reading the
bin carefully. gave It as his opinion that it
would have TO so 30 the Mayor for his approval.
Lawyers representing civic organizations in
New York City. among whom was E. B. Whit
ney. studied this question when the measure
was presented. and decided that the bill would
not have to go 10 the Mayor. as the act creating
law.
Governor Hughes wanted TO take no chances
on The measure. though The conference to-day
fook up all sides OF the problem. The sponsors
Cor the bill held that The Rapid Transit act.
since il applied only 10 cities Of more than ono
million population. was not a general law. But
beyond the decision OF thst technical question
and the one Stout the metropolitan district
was desire 10 prevent any legal complications
The chance OF having the b'll tied up n che
courts for year or two On sGiI t:ocght hy
the Mayor because he lad -lot had an oppcr~
tunity 70 express his opinion ca il VAS eor.s,G.
ege6 too serious 70 take. The o.:I wil be
ported by the Assembly Railroads CoTaInit5se
as soon as possible after the conference on
@onday. when the opponents viii have last
chance 20 state their objections 10 its stringent
regulations Of the public service corporations
1t viii be pushed TO passage in the Assembly
without much difficulty. its friends view the
situation now.
By the time il is passed in the Assembly the
Senate judiciary Committee should have cleared
its decks after the Kelsey ARRAY. and be ready
20 take up the Utilities bill. Probably a week
viii ensue before Il is reported and placed on
the calendar, so its friends do not see how il
can be passed there much before May IS while
81 may be later The date of passage win de-
pend entirely the general situation and the
strength OF the opposition TO the Governors
plans, following the decision OF the Kelsey
case. Mayor Mcclellan VIII be at liberty to
keep II for the full fifteen days. so Il may be
the END OF May or early in June before he
reaches his decision the bill
An important amendment covering one OF the
points Of dispute probably win be made by the
Assembly committee This IS a compromise
with those who have declared that the Gov
ernor should not have the power OF absolute
removal OF commissioners, but that removal
power should be vested in the Senate The pro-
posed amendment IS 10 have the commissioners
removable as county officers now are after they
have been served with q copy OF charges by the
Governor and have had hearing before him.
This plan the sponsors for the bin think, Will
take away any honest contention that the COM
missoners might be removed at the within OF
any Governor. an6 & IS thought viii deprive the
Senate OF one OF fts strongest grounds OF Op-
position 20 the bill
Advocates OF The Utilities bin pointed out to-
day a peculiar coincidence connecting the cor
Dorations' opposition 20 the Governors bill with
The corporate favor OF the water storage propO-
ttOn fathered by Assemblynan Merritt. The
Albany Chamber of Commerce is suggesting a
conference Of boards OF trade IN the state. 70 be
held here soon % discuss the Utilities bill. Men
specially retained by the corporations for work
of this class have been stirring up sentiment
among the business men here IN favor OF this
conference; some OF these business men have
come out Tor q broad court review and the limit
ing % the utilities commissions powers. as did
Robert c. Pruyn yesterday
A few weeks ago conference OF boards OF
trade was organized by the Albany Chamber
OF Commerce 20 take up the water storage ques-
ton. AZ that conference public denunciatlon OF
Il was made. Il was called a packed conven-
ton." snd only the denuncfation prevented the
passing OF resolutions faVoring the water storage
enendment by delegates in many cases not
authorized 70 act for their organizations 20 that
eTtsnt The came men who stirred up that
.entment are handling this bit % the corpora
lons work