New-York tribune., 1907-05-23
The final vote on the bill follows:

NOES
tDemocrats)
Frawley. McCnrren Thompson
Absent--Dunn wemple Republicans; Grady and
Sullivan, Democrats.
At the beginning OF to-day's session Senator
Page tried 10 call up his motion to suspend the
rules. An emergency message from the Gov
ernor read. but after considerable wrang
ling among Democrats and Republicans Sena-
tor Page let his motion lie until the third read
Ing OF bills was announced. Then he called 1t
up and 1t was passed. SO to 3. Those who voted
against II were Cullen, Hasenfiug, McCarren,
Owens and Thompson. all Democrats. That
passed Senator Page asked for third reading OF
the bill.
M'CARREN HAS AN AMENDMENT.
Senator McCarren Immediately presented
amendment providing that the commissioners
in the first district be appointed by the Mayor Of
New York City. The bill, he said, plain
evasion of that section of the constitution which
provided that officials TO do local work should
be named by the authorities of the locality in
which that work to lie.
Why the trainers of this bill attempting
to evade the constitution is apparent" said he.
1.-Two years ago, l think 1t was. passed
bill framed by the Governor. believe. Every
man who supported that bill staked his reputa-
ton on its constitutionality. Yet only the other
day a master in chancery holds that 1t is un
constitutional The behind this bill say It
is constitutional. yet why should their words
have more weight than those Of the men who
guaranteed the gas law to u.s."
This amendment voted down. 30 TO IL.
and Senator Cohalan Immediately presented one
providing for a commission of five members to
be elected This, he said. would not delay the
bill longer than the two minutes needed for
rollcall, and K proved. It was defeated, %
II. Then Senator McCarren offered the
amendment for a broad court review, chaleng-
ing Senator Page TO give any good reason why
the corporations under the jurisdiction Of the
utilities commissions should not have the right
of appeal the courts.
In reply Senator Page declared that this
question really was a specious one. the courts
could not be deprived Of power to review any
judicial act of the commissions. while they
themselves would hold II improper TO review
administrative acts. The agitation was stirred
up, he said. by the corporations to permit them
to obtain almost unlimited delay before obeying
the commissions orders. No good purpose would
be served by any other form Of bill In this re-
spect, but delay. harmful delay would result.
CRITICISM FROM MCARREN.
The attempt is evident" maintained Senator
McCarren, Ito make IL difficult as possible for
the corporations to get into court. We
going fast toward a one man form OF govern
ment, although faces for the last two hun
dred years have been turned the sother way.
This bill concentrates in one man the most abb
solute power imaginable. II the Socialist cand-
date for Governor last year, don't remember
his name-had been elected. would Senator Page
repose in him this immense power? There is
no question that the Governor is the whole
works. We know that under the practical stand
ards of politics commission would issue any
order which had not been vised by the Cover
nor. The people OF this state giving to the
Governor such power as is not given to any
ruler in the world. This concentrates the leg
islative. judicial and executive powers all in the
hands of man"
Beyond that the passage of the bill minus
the court review clause. Senator McCarren de-
clared, would spread abroad the idea that the
people could not trust their courts and their
judges
do you mean TO say that shouldn't or
couldn't trust the Court OF Appeals-those eni-
nent gentlemen-are they not to be trusted TO
interpret the laws and the orders of the COM
misson?" he asked. That Is 10 get away
from the time honored spirit OF institutions"
Such legislation would offer no bar to confisca-
ton Of property under the guise of law he
asserted.
Senator Hinman said he agreed somewhat