New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-22
UTILITIES AMENDMENTS.
Suggested By City Club-Age Limit
for Commission.

The amendments 70 the Public Service Commits
sions bill proposed behalf Of the city CluD' IN
pursuance Of notice given the joint legislative
hearing on April s. according 70 memorandum
ISSUED by the club are designed;
First-To give any commissioner proposed 70 be
removed by the Governor the POT Es 2en 70
Seoond-To extend the term OF once from i've 10
Third-To introduce an age limit TO the term Of
once - 49,, ,o,,,,,s
aRens and con6ee from 1e $1,000 to $1,000
Fifth-To provide method for fixing IN any case
siKthITo provide that penalties incurred by cor
n the Firsf DisTict he raid into the city treasury
instead Of into the state treasury
The memorandum continues:
The FIRST four of these amendments are intended
mission and to its attractiveness TO men Of the
right order Of ability The oISg ei tn he ested in
the commission as. in a sense, secondary III I'm,
ebaTacfer fitting II for The exercise Of such eXtraor-
binary powers integently and Justly II 9ehes e
system proposed depend largely upon this. -
be Al least quasi judicial The City Club proposes
a term and tenure of office which WhlLe pE on a.
5usoe Would at least recognize the need Of nsur
Inc SnSgcisG indenendence while leaving the con-
troll OF the office when questions OF general Illness
arise, wholly in the hands Of the eKeeutISss, g cha
fill not uncommon provision that an ofheeholder
TO be removed shall first have an opportunity ,s 10
he heard personally in answer 10 charges tliat
may be made against him The bill as il STANDS;
be filed with the Secretary OF State, would place
little no check upon arbitrary action me p ,fs
posed alternative of removal after trial DE lIle
Senate would bring I'm clements that 40 nor oeI9ns
70 would Pase ths Public Service
soners in the position Of state ~
Of public works fiscal supervisor OF state enaTl
ties. sheriff a mayor, all OF whom are ai ~,
SheT ofiioes II IS the provision substantially. OF
Section 1913 Of the charter Of the City OF New
ployes The Court Of Appeals has held that no
review Of removing officers decision may pe bes leu
f-, hes
followed. The question as TO whether ne charges
Il seems wise that an statutes giving an abso-
lutte power of removal should contain SI rssnt
highly important case. the removing officer Is re-
reasons appear on record and continue 10 be
criticism upon the character or the service OF me
gotten any rejoinder he may have made a! me
time The fact moreover mat me OMEGA b 10 Ds
necessarily makes the removing Official properly
cautious in the reasons he may urge for his action
The provision serves in short. deterrent upon
hasty. unpreiudiced or otherwise Improper aelion
hut the procedure required safeguards the exercise
The Second third and fourth proposed amend
ments have 10 do with the term Of ONCE ana tne
ought TO be. and doubt will be-, men OF emil
nent ability and character. but it will not be easily
possible 10 procure the services OF such persons
unless the place is made as attractive as is con,
ssienI 10 ne luDG I L1T1esI , eIs gnitv and
would certainly make IL much easier TO procure
persons Of the character the new plan demands.
The introduction of an age limit follows the
analogy Of the constitutional provisions in relation
20 the judicial Office and the language suggested
s. the language Of the constitution relating thereto
The argument with regard to these commissioners
is very similar TO those that governed The const-
tutiOnal conventions with regard 10 the incumbent
Of judicial office Such a limit tends moreover. to
maintain VigOr IN the commission. combined with
the wisdom Of middle age
The fifth proposed amendment provides a method
for determining the amount Of penalty The hill
II stands does rot prescribe exact forfeiture
or penalty. except for the nou-filing Of reports.
The language of the sections relating to forfetures
IS that offending corporations shall forfeit the
people Of the State Of New York mot to exceed
the sum n five thousand dollars 6Section 57) and
kSecfion SD "a sum not exceeding thousand
dollars" and (Section 73D mot exceed the sum
OF one thousand dollars II does not appear plain
~ how the Of these penalties is 10 be fiKed
ana suEEesfs therefore that they should be fixed
by the court II anyaction brought to recover them
he sixth amendment proposed provides that pen
elites recovered from corporations under the juris
dicton and Fppervtsion Of the commission IN the
5st District shall be paid into the CITY treasury 81
New York. leaving 40 the q state all
amounts recovered from corporations Under he
jurisdiction and supervision # the "a District Tr-
asmuch the ist District nav in full the ex-
penses Of its con1missioa-wailA contributing also
1nroHgn the state t2Nes 70 the support ~ the
mission in the "a Dstrict-it seems only just THAT
any Income from penalties imposed within TIE CITY
shall be applied II the city alone.