New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-02

x...... a. tsr sn,noses II would be most unfort-
s,nare II with the necessary extension OF staSS
s1reTrision Of public service our courts shoulu
have cast upon them such burdens OF aoilii'l7
HE mower OF the Legislature and Of the com
.,issiOI II creates is not. however "t1iouI a.
Ffs. and where the Legislature goes Ves s1.is
.o-,.ttt,,tionai mowers or where the admlhis-
sroffE'e board exceeds its authority OF pass ,,i;
constitutional limits the matter IaiIS $500
.he Jurisdiction OF the courts VINO VIII " e.
NOR actor null and void and prevent any a..
tempt 10 enforce the provisions OF 1iie oOi'o
Roth the state and federal constitutions pro-
hibit the deprving Of any person OF Pioole't -
without due process Of law ana phe toh.Hs 49,
private property for public use wlthoul yuSC
SSor,Densafien Nor can a state deny 10 any
person within fits jurisdiction the equaI plo.eo 80
don Of the laws. Neither the Itarly
the commission can escape these santa.
checks upon their authority. So that IL II pS
claimed that the action OF the Legislature % %
a commission IN fixing rate operates as sun ~
a deprivation Of property q yuolcial 800,
presented and the courts viii take JnIiSo I.
and determine that question. They win uelel
mine il in the light OF an the GlIcI s,.o :.
seeking 10 ascertain whether the Legislature OF
the commission has exceeded that power Nii ~
she Legislature may properly exercise ~ l'e -
erection or which it may properly CONFER upon
an administrative board, or whether under me
Frllse of regulation there has been conhscatioh.
So. IL the claim Is made that the action OF me
LEGISLATURE or the commission in processing 10
provide for safe and adequate service lies out-
side the field OF legislation in deIence OF Iile
public interest or Of administrative power under
legislative authority the claim presents mat
Ger for judicial consideration, and IL the courts
End Il to bs sustained they VIII inFalloate lHe
statute or order assailed.
A COURT REVIEW NECESSARY.
II thus appears that there is OF necessity
court review where such questions are presenlSu
And the distinction between the function OF the
courts and the function OF the Legislature or OF
the commission It creates is clearly indicated
by the fact that the question for the courts IS
whether under the constitution the natteF un-
der consideration is one that fails Wlthih the
scope of the authority OF the Legislature or OK
she administg alive board. IL the courts decide
that il falls within the limits OF that authority
they decline 10 interfere; IL they decide that II
does not Lhey declare the statute OF order Volo
This court review the Legislature cannot cur
tai. The courts proceed by virtue OF their m
herePt powers under the constitution. II Is luIe
20 attempt and no good citizen desires 10 al
tempt. 10 fetter their action. Frequently the
courts have set aside rates established by Legs
tRtures and commissions. ana they DO nor nest
tate to grant an injunction prohibiting the en-
sOroenient Of the rate pending the SUIT.
Property rights are thus abunoanuy safe-
guarded and il is futile TO claim that either
through The establishment OF me coInlssloh OF
shrough the exercise OF its broad powers me IN,
HasiOn OF any property right viii be threatened
without adequate redress.
A different question is presented when 1t IS
slrged that all orders Of the commission should
be renewable by the courts regardless OF the
question whether The commission has exceeded
VI
been ignored. There IS no occasion for such a
broad provision FOR court review unless II ls de-
sired 10 commit 10 the courts those matters
switch do not involve the question or depTlNatiOn
Of property without due process OF law or with
out Just compensation, but are matters when
might appropriately he decided by the Legis-
safure or by an administrative commission. To
provide a right OF appeal to the courts from
every order of the commission not only invites
delay and unnecessary multiplicity or proceed
Sings but has for it's object the substitution Of
the judgment Of the court for the action OF the
commission. To give the court power 10 hear
such appeals. 10 take evidence and 10 reverse
or 10 modify the orders OF the commission comes
simply to this that the court becomes in effect
She ruling commission and the commission Gre
ated BY tho Legislature is simply board 10
take evidence and make what are, in effect,
recommendations. 1t may be said that the cor
pOrations would not necessarily avail themselves
OF the right of review in all cases. But it is not
sound policy for the Legislature 90 create
hoard whose effectiveness Will depend on the
option OF the corporations.
The delays that are incident 20 proceedings
attacking the action OF the commission I'M
constitutional are inevitable But there is no
good reason why delays should be multiplied by
allowing court review in all cases There is 2
broad field OF supervision which admittedly lies
Wilnin cohsutuuohal authority, ana IN ms held
81 is Of the greatest public Importance that the
commission within it's own proper province
should act with reasonable dispatch. that its
orders should be promptly obeyed, and that the
public patience should not be veXed by dilatory
proceedings.
II Is vital 70 the interests OF the community
that In dealing with these matters we should
deal both justly and effectively. Merely because
there are questions which. we have seeil
must Inevitably he passed upon by the courts
we should NOT run the risk Of making the
scheme OF state supervision aboFtive by commit
ting 10 the courts the decision OF other matters
with which properly they have no concern
Proper regulation OF corporations is q matter
so important and the attitude OF the public
toward our public service operations presents go
done eerr,a So
snost efficient means of regulation that is con-
Eistent with the constitutional powers Of the
legislature.
Let US understand that no fundamental right
Of the corporations can be taken away: that the
corporations commanding the best talent of the
country. well advised 70 their legal rights
and equipped with the most perfect machinery
1OF the presentation OF their claims, VIII NOT
suffer any deprivation Of their just rights OF
property. These wiz be protected by the COR
stitution and the cour.s. II they entertain any
serious fear Of effective regulation. Il is not