New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-25
ATTACK BY JACKSON.
His Brief May Serve as TertbOok
for Opponents.
[Ry Telegraph to Tie Tribune. ]


in voluminous letter to Assemblyman Glynn. OF
Rochester, and supplemented his objections with
the declaration that he would be glad to prepare /
amendments Six points are brought out in this
pIleI' flrst the commission should be elective ana
not appointive second. the bill violates the princ-
PIE OF nome rule for municipalities; third, an unfair
TAX TOT New York City is imposed fourth, the bill
uSuipS the power Of the Attorney General; hfth,
- COMMISSION of general jurisdiction over all
DHe service corporations is favored; sixth one
'oiIliilisslon of five members is favored
me opinion here is that this brief OF the Attor-
ny General viii serve excellent textbook !
LOT the opponents Of the Governors measure. Re
eeh' years nave brought q constantly increasing
"ea'u lot proper regulation of public service cor
ioratlons says the Attorney General in his pre-
.'ilN4e' mis- demand has arisen from the general
N''o"Ieuse mat corporations have been guilty OF
ii'"Ahs eXtoruonate charges, Determinations OF
granting rebates and conducting their business in
a manner oppressive of the rights OF the people,
'heIeDy becoming so rich and powerful as 70 be a
menace 10 popular government" Because Of all
'"S me interstate Commerce act passed, and
al the last Congress greater powers were given to
the commission
PUBLIC UTILITIES CONTROL. DELEGATED.
In many states state control OF public utilities
! has been delegated by legislative enactment to
administrative bodies" says tie Attorney General.
/ IN THIS state there have teen The railroad ard
lighting commissions. Then. after speaking Of the
recommendations Of the Governors message which
the Public Utilities bill was drafted TO carry out.
/ the letter says:
press ms 70 o mas been assumed by the people and the
/ the Governor and with the public demand. but in
lay RESPECTS II falls far short of this effect and
tude of the protos"f Is ,c6 o az 10 max ~ Mi Con
[- Ion ara proper amendment imperative The
100 eatGres q the proposed bill are copied al
/ cTSa literally from the United states Interstate
Nm lt act These are supplemented by presan,
NV opk state legislation. good and bad regard
1iAted states Interstate Commerce act are reject
in principle and unconstitutional The present com
missions are merged and then redi"ided upon mere
~ geographical lines In which process the pro-
f'ORtun re-enactment OF present provisions which
/ applicable. unjuFt and unconstitutional The pow
o-S 81 me commission FOR the enforcement OF their
| The present gas and eiectricity commission WINS
c?lo of the present scheme should be sufciently
in the denial OF the right or muncI
The Railroad Commission has been for many
yiir ne subject Of popular disapproval and the
~ 80; anle and recent Developments especially in
sly Tor us reeonstruc:ian In rebuilding these in
. ilfstITIhe commission should be elective and not
tbI The nropossd BIN makes provision for
( by and with the advice and consent 81 the senate
I,,e ~ yves ne Governor the absolute power Of
the senate: also the sole power OF Appointing the
/ chairman OF each commission. The experience Of
ttS people IN having their Representatives chosen
have grown resjive because Of theIT inability to
E 10 81
States Senate The abolition sting state com
( missions. appointed IN precisely the same manner
: plainly demanded. II is uuwise TO proceed upon
! The theory that mere exchange IN the name and
! cation Of powers without any material change ]
the system OF creating the commission VIII insure
: better permanent results.
REMEDY IS MORE DIRECT CONTROL.
! The remedy Is 20 give the people more drec, con
troll The bin continues the present appointive
/ system. with magn fed possibilities Of tho misuse
~ power and the perverson and suppression OF the
14,-a+ e5r,nistratlss legisIative and ',Idri,l
powers and functions that should only be exercised
/ by officers elected By and directly responsible to
Experience Is complete justification for the fear
/ endoWs Win lrprecedcntcd powers may some day
become asset OF political organization. and al
tne vast ma chnery which Il sets up may fali into
the hands OF the very corporations now sought 10
| second-Tho proposed bill violates the prime pies
palities the control visitorial and inqusi-
! tons and individuals. and Axes penalties upon mu-
! inequalities for failure TO comply with the commits
| OF the state from establishing and operating n
plant for the production and distribution Of gas or
cleo riclty- for benefit OF inhabitants without
the consent Of the state commissions. II denies the
RICH OF municipalities 10 prevent monopoly by ad-
hitting competing plants or operating their own
This usurpation by the state Of the proper pow
CTS OF q municipality and an ndefensble Interior
the people TO govern themselves The people OF a
municipality pay The taxes necessary for the sup
tho business Of the rest OF the state TO determine
| whether. in the orderly and proper administration
of that government. the municipality may
not produce and distribute gas electricity. or
both. within it's own confines and at It's own eX-
peHse;, Eyery citizen 1 OF city or village might
posed commission could arbitrarily render ineffcc-
Two tho - ~
Third-Uufair tax for New York City. This bill
provides that the EXPENSES Of the commission IN
the first district shall be borne exclusively by the
city Of New York; expenses Of the commission in
New York upon the audit Of It's Controller. This
puts unequal burden upon the city OF New
commission In the first district. bears its proper
ton OF the expenses Of the commission In other
parts Of the state.
IN CONFLICT WITH EXISTING LAWS
These provisions and tho powers OF che commits
sion To fix the amount 10 be raised by the action
are certainly in conflict with existing laws and
sulcucns o. the Constitution relating TO the taxa
ll9n and me government Of cities.
Fourth-Isurps powers OF Attorney General. The
To create legal department which shall repre-
orKK ana me commission in all actions and pro
ceedings involving any question under this acg is
Unconstitutional 1t seeks 10 dvest the office ~ the
Attorney General q duties ana powers conferred
~ the Constitution and is but another advance
the special counsel scandals have sprung The At
torney General is the constitutional Law officer Of
me state ana his ONCE cannot be abolished piece
tiyities Of the Attorney General are those which
grow out of conflicts between the state and the
public utility coTnorauons and believe that the
not seriously be considered BY The. Legislature,
Fiith-Dnc compassion instead Of two. The Gov
ernoI recoInnlended single commission to take
and the Commission Of Gas and Electricity for
the reason that there are now corporations which
are subject TO the Jurisdiction of both commissions
ed for the decision OF both
separately within the jurisdiction for which II is
| appointed Each viii. he required 70 deal with
the two separate and distinct boards acting upon
in a