New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-02
HUGHES DEFENDS BILL.
THE GOYERNOR AT UTICA.
HeNers Take Part of Speech as
Note of Warning.

COlilti'eFce mere Tonight Taking up the bill
1t stands. he explained its provisions protesting
vigorously against the broad court review which
the corporation lawyers have advocated as their
chief amendment There is no good reason
why delays should be multiplied by allowing
court review in all cases." he declared.
Then, at the end of the speech. came para
graph which many of his hearers regarded as
note Of warning produced by. the critical sit-
uation in the Legislature.
These questions are of grave public consa-
| quence" said the Governor There is no
greater mistake than to suppose that the win
OF the people can be permanently disregarded,
and 1t is the duty Of patriotism to provide for
| the Just expression of that will and to remove
the causes Of unrest which lie in abuses Of pub
nc privilege And in attempting to provide
remedies for the correction of known evils lea
'hen be real remedies, not mere makeshifts
which will bring the law and it's administrators
into contempt. but effective measures which IN
their just operation will promote our tranquiIity!
and enhance respect for law and order"
GOVERNOR HUGHES'S SPEECH
Governor Hughes spoke in part as follows:
The Importance of providing effective stst,
supervision of public service corporations seems
| 70 be generally conceded. / shall not recounti
the grievances which have made the subject on,i
OF paramount public interest 1t is sufficient to-
say that the people, without animOsity towards
rlF@ts Of property, but with just insstencsi
L
mand that the state shall exercise its power ove~
its creatures and compel due regard for the dur
YES which are corelative to the privileges it has
Federal regulation is not a substitute for state
regulation Federal powers and state powersi
are exercised IN different spheres. Congress has
complete authority interstate commerce.
and the state cannot interfere with the exercise
OF Its prerOgatfves; and IL is desirable that the
federal authority shall be fully exercised until
every abuse incident to interstate commerce IA
ended But however broadly intergtate corIi
i ha there
problem of transportation wholly within the
state and of other local public service. Over
| local or domestic commerce as distinguished
frOm interstate commerce Congress has no
power to exert control and il the citizens oe th,
state are 70 be protected against abuses Of COR
poIdle privileges IN connection with such local
or domestic commerce they must look for their
remedy TO the state. and 10 the state alone
1t has been suggested that it is a grfevous
thing that a. railroad corporation. for example,
should be subjected to the laws of many differ
ent Jurisdictions Undoubtedly annOyances NAV
be caused by variety of laws and reguIations
But far as Interstate commerce is cOncerned
The federal authority is supreme and as 70 an
matters OF through transportation there is no
IoOm for conflict We may be sure that If the act
any state Legislature or the order of any state
commission operates a regulation of inter-
state commerce, it viii instantly be CHALLENGED
| BY the watchful and astute representatives OF
the corporations affected the federal courts will
taF- Iulis'ilctlon and the supremacy OF tle fed
eral authority under the Constitution will be
vindicated- It is proper Of course that the
state IN the exercise Of its authority should take
account OF wise legislation of Congress. Useful
Efforts may also be made 10 promote harmony
IN state legislation: and any state that sets q
high standard in its legislative scheme of state
supervision and in its efficient administration
OF the law viii contribute powerfully toward
similar action in other jurisdictions and to the
establishment throughout the country Of proper
administrative standards But there is no rea-
son why the state OF New York should fail to
enact just law in the interest of it's citizens
because of the action or inactiOn Of other states
FLOODED WITH SPECIAL BILLS.
The first question presented is: Why should
there be a railroad or public service commits
SION Every power thaU a corporation has IS
derived from the Legislature which creates IL
The Legislature defines what powers 1t shall ex-
erclSe ana the conditions upon which il shall
conduct its operations. AS a public service cor
poratlon II Is constantly subject 70 legislative
control 10 the end that il may be required TO
perform in q proper manner the service II was
chartered 10 render. SO that every question OF
rate fare. Of safety appliance or of suitable
equipment and facilities is question primarily
for the Legislature. which. within constitutional
limits, has a right to define the ObIie.atfons -
the corporation. But the questions which thus
arise are of extraordinary number and Variety
they call for investigation and for the cOnsidera-
ton Of multitude of details. Special conditions
muSt De examined and suitable hexibiity ct
action must be provided. To-day the legiSla-
lures OF our states are flooded with special bills
aimed at thiS or that grievance in management
But the legislatures sit only a portion Of the
year and cannot deal with these matters satis-
ractorliy Experience has shown the advisabtlity
or creating a subordinate body commission
with appropriate powers for this purpose.
NOw, what is the function OF such a cOmmis<
sion? 1t is administrative board. The obs
1ect Of its creation is to secure the performances
OF public obligation. The Legislature mays
within it's constitutional powers. establish stand-
ards Of service. A railroad corporation, for eX<
ample, is bound to give safe impartial and ade@
quate service for a reasonable charge It IS the
function of the commission to secure safety.
tmpartiality, adequacy Of service and reasonable
chargeS-that is, compliance with the requires
ments OF the law. For this purpose it should
have full power to conduct Investigations and
To make whatever orders III relation to opera
ton may be necessary to secure proper SER
vice upon fair terms and without unlawful
Determinations Undoubtedly very broad powers
required. reaching the various departments
OF mana cement. But It should be remembered
they designed to secure the safety and con-
venience of the public. It is answer to say
that these powers may be abused. Every officer
of government who has power adequate for
guard is found in official responsibility and aC-
COUntability. But the possibility of abuse IS no
reason why powers which in their proper eXer-
else are needed for the protection of the public
should not be conferred.
1t has been urged that the granting OF such
broad powers is incompatible with the main-
tenanCe of the freedom Of management said TO
be incident 20 the property rights of the COR
pOFatiOns Such objection has a certain plau-
sibility. but will not stand critical examination.
The Legislature IN safeguarding the public in-
tereSt has the power to require such eGuipment
and facilities and such manner OF operation as
will secure good service. 1t viii hardly bo
consistent with property rights. The property
OF n public service corporation has been ac-
quired subject TO this power, and the power
conferred upon the commission Is conferred fOr
the purpose of securing the performance Of OBJ
legations to which the right Of property is sub
ordinate.
sCOM8IISSION AN ADMINISTRATIVE BODY.
Another question is: What is the relation q
the courts to such cOmmisSiOn2 As has been
said the commission is an administrative BODY
confer these powers upon the Appellate Divis-
ion Of the Supreme Court. 1t IS not in accort-