New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-16
ATTACKS ON THE UTILITIES BILL.

Every possible flaw in the Public Utilities bill
is being seized by its opponents as an excuse for
attacking the measure. but it will be noted that
no one comes out frankly against the bill on
general principles. The public demand for the
measure is so unmistakable that those who de
sire to defeat it assume the position Of favoring
il IN principle but being unalterably against 1t
IN some detail Those distinguished home rul-
ers," Grady and McCGrren. for example. would
hardly care to enter the lists against the reSu-
lation of the traction interests In this city,
thing which Mr. Shonts himself pronounces
necessary. So, Of course, they pretend to favor
the object OF the BILL but say they cannot vote
for it because 1t violates the principle of home
rule" The association Of Grady and McCarren
with the home rule" argument ought to go far
toward disposng Of this objection.
Another point of political attack upon the bill
is that the Governor will have unrestricted
power to remove the members of the two pro-
posed commissions. 1t is urged that removal
should only take place with the consent OF the
State Senate There is no question but that the
commissions will be more efficient and will be
less susceptible to political influence If the au-
thority to remove their members is not divided
between the Executive and the Senate. II a
commissioner is incompetent or unsatisfactory,
the responsibility for his continuance In office
In the new commissions will be needful TO make
them efficient instruments Of government, and
this will be more readily bestowed If the Gov
ernor can be made directly responsible TO public
opinion for the character and work of the COM
missioners.
New York State is in an illogical position in
the treatment of its Governor. Many Of his APP
pointive subOrdinates he is not permitted to re-
move without the Senates consent, although he
has absolute power Of removal over officers like
mayors, district attorneys and sherifs, who are
elected by the people Though the Governors
power to remove his appointees Is thus re-
strcted, yet the state has seen fit to give the
Mayor of this city absolute power of removal
over bis subordinates. 1t was found beneficial
in the city government to confer upon the Mayor
plenary authority so that the voters might hold
him TO a full responsibility. The same argument
sustains the making Of the new commissioners
removable by the Governor.
Another ground of attack is that the actions
OF the commissions will not be subject to judicial
review There Is no question that the Legis-
lature has the power to create a commission with
such ample authority. The commission will
st9rG for the Legislature itself with delegated
powers. OF course, any action Of the commission
may be brought before the courts on question
Of constitutionality, just as any act Of the Legs
may be called upon to consider whether any
action exceeds the powers delegated to the com
mission by the Legislature These privileges Of
appeal to the courts. which are beyond the power
Of the Legislature to curtail are sufficient to
safeguard property interests No confscatory
action can be taken by the commissions. because
the constitution and the courts stand in the way.
But the ordinary rulings OF the commissions in
the performance of the functions for which they
are to be created should not be renewable by the
courts. If everybody who objected to an action
Of the commissions might rush to the courts
with his objection the commissions would accom-
plsh little of the purpose for which they are
intended Every step would be tied up with lit
lgatiOn. The Legislature IS perfectly competent
TO clothe the commissions with adequate au
thOrity, and that authority should be final 9th
erwise we shall simply substitute for the present
inefficient method of corporation regulation a
new inefficient method.