New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-13
PENDLETON'SO.K. READY
TO APPROVE p. S. BOARD.
Expected to AdUiSe 1fet2 to Turm
OUer Funds Until Court Acts.

Corporation Counsel Pendleton VIII hand to
Controller Metz this morning his official opin
Ion declaring the public service law constitu-
tlonal. II is understood. The fact that Mr.. Pen
dleton has been assisted by the same subordi
mates in his Office as was his predecessor leads
those awaiting his decision to believe it Will be
elong lines similar TO that which Mr. Ellison had
prepared.
blr Pendleton viii. It is thought probable
sshvise the Controller to turn over to the Public
geryice Commission for this district the 100000
eemaining to the credit of the former Rapid
Transit Commission.
He VIII also. 1t is expected. advise the Control
Ter TO obey the provisions Of the public service
act until that act is judicially declared uncon-
stitutional. AS understood. the opinion does
not declare the act constitutional unreservedly.
1t says that as on its face it appears to be con-
sututonal, and as on Its face there is nothing
that can be declared to be unconstitutional, II
must be considered constitutional until, in the
courts 1t is proven not constitutional"
While not advocating or actually suggesting
It. Mr.. Pendleton is believed to intimate that
there are features of the law Of which 1t would
be advisable TO make tests.
Mr.. Pendleton's opinion is supposed to say that
one Of the most important questions TO pass on
is whether the law is local not. If it Is
a local act, he IS expected TO say, 1t Is
directive in its title. He is understood 10 de-
clare that he cannot advise the Controller that
It IS local measure. but that that question can
not be determined finally until tested and decid-
ed by the courts.
Mr.. Ellison sent the Corporation Counsel a
copy Of the opinion he had prepared, and this
Mr. Pendleton read with great care, although he
himself looked up each legal point. The present
counsel also had large part Of his legal staff
working with him the question.
The effect Of the opinion the Public Ser
vice Commission, If it is expected, Will be to
relieve it OF any immediate lack of funds The
Controller will have 10 honor all duly certified
bills OF the commission, settle its payrolls and
nay all its legitimate expenses
Not only Will the Controller be obliged TO pay
eli The commissions legitimate bills UP to the
100000 that remains to the credit of the old
Rapid Transit Board, but he will have 20 honor
ell bills of the commission after that amount has
been expended, unless the courts should decide
the measure unconstitutional
It is thought that If Mr.. Pendleton's opin-
ION Is favorable the city administration will
now withdraw all opposition to the commission
ar this district, and under the leadership Of
Mayor Mcclellan will aid It in every possible
v,ay The Mayor assured the commissioners
when they called on him last Monday that he
would assist theY' and wished them the great
est success"
There is practically no other course for the
CITY TO pursue" said politician last night
Now that its own lawyers have declared the
ect constitutional the city must obey 1t. If It
does not we will have municipality OF the
state disobeying the laws Of the state"