New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-05

muniiy' 5000. bad and indifferent tnnh .hTy
vision is proper And do not think there Is an
you took him by the buttonhoe and showed him
Ihe only possible geographical division or tne state
Ess that which has been made would not be sat
The problem Of greater New York is not only
peculiar in this state but 1t is peculiar problem
tor the world and. except in larger categories and
pMcable to the steam railroads viii have little
no applicability to the railroads in the city OF New
III know perfectly well that far as that part OF
PIES Institute are concerned think they all feel,
Involved. | think they all feel this is proper d.
thin Sos "e1e there Is pocket ebt a
pe SAID by way Of gbe in this bill Is proper
they may not think it is proper; but, gentlemen.
t9inK am justified in saying that vast majority
1n n souarely in indescructble Phalanx back OF
Legislature practically as you have drawn IT,
James S. Lehmaier. representing the conference
OF the civic organizations in Manhattan. was the
trst speaker. He told about the hard fight the
various organizations We're making to enforce de-
cent service from the public service corporations.
Iheir only fear. he said, that the bill would
su1er from amendments. He urged especially that
the Legislature take notice of the suggestions
relating to curtament of transfer privileges which
Paul Cravath made at tho previous hearing. T. 3.
Whitney, who spoke almost entirely on the court
review phase. came next He sad
The judicial review proposed by the railroads
amendments to the bill Is Very sweeping For nine
these amendments. the corporation is at liberty 70
me petition with one of the appellate divisions
often select which Appellate Division it will apply
s3pl me NeW aork Sentral taiiWay GG ba nrSncipal
office OF the commission. at New York. because
Rochester. because its road passes through those
jurisdictions also. When the litigation Is Wei
started ana the preliminary questions nave peel!
settled, it may move the court for the taking OF
ITSELF
teaches us what that means; -. IT, .o,,-
mission is composed of lve men The Appellate DiS
vision is composed Of five other men The salary o,
the commission as is, think, wisely proVloeu ~
the amendments. is large enough TO insure accept
6ustry and judicial instinct as the other nye VINO
are TO review them In passing upon questions OF
the five men who devote their entire time to this
one subject are better qualified and viii reach
Divisions. who have given US already. in lttls
volumes of printed reports, besides the great mass
OF unreported cases and cases decided without an
i is the general feeng SU Of the Profession in my
9epaT btfn at least that they would be able to
greater pressure than should ever be put upon
intuitve business instinct, or knowledge OF bust
ness conditions and methods to a degree which the
:. oppose the proposition TO submit every CUES
ton under this act first 20 one body of fve men
ana then 10 another. because. apart from the fact
that the second body will be less equipped with
give the necessary time aGd atsn ao ths dyso8
OF or responsibility vii! impair the efficiency OF each
Inc highest class OF work cannot be expected from
the commission so long as II feels that It has not
plan to another tribunal and so long as in addi-
ton to all other complications II VIII be continually
is better course will commend itself to the other
body. II pressed with other work will feel that al
any rate II they affirm. the main responsibility Is
! oppose the broad review as citizen and as a
layer engaged Largely IN other branches OF tiga-
and most harmful invasion upon the time OF the
be ell cOnstitutionai. We may expect that a very
e0nslqeraoIe portion OF ths tine now devoted 70
hybrid between trial and an appeal. Its constitu-
tionality however Is subject 70 doubts in at
9Bs is BS S ssesy in ER0S
j. not In the nature Of q certiorar II Is. i1 fact
1905 In that statute II IS frankly called "suit to
enioin set aside. 3nnul or suspend The word
menrs but preliminary Injunction IS provided Tor
constitution of the State OF New York requires that
the testimony in q suit n equity be taken In the
namely except n cases where dep9siti9ns are nee
the case Calling uis in eSni,y spscial proeSea
Ing cannot affect tho operation Of the constitution
substance suit az equity the CONSTITUTION applies
endar breaks down altogether.
Julius Henry Cohen. IN favorlng the bill and at
lacking the recommendation OF Paul d. Cravath as
transfers. reviewed the history OF the free
fer litigation, the railroads attitude and itB disre
gard or the law, Win consequent tremendous cost
to the Company in penalty suits. He pointed out
that the citizens remedy in mandamus recog-
nized by the courts until People ex rel Lehmaier
against the InteTurban. in which the Court OF
Appeals held tho creation OF tho Railroad Commits
sion with power to remedy abuses and enforce COM
panies' obligation took away right IN the first in
stance TO the citizen to mandamus.
He continued further:
Tho contest now waged Is contest between
water and fire. but a contest IN which water dOeg
not quench fire Both elements have been stored
up by the public utility companies-wateT IN their
oYerca pitalizaton. their consolidation their merg
ers; ire in the wrath Of the people From the
days Mr.. NanderbIlts public be damned"
Though the Shiny days OF Jake sharp. down to
the most recent reign Of Vreeland with his utter
contempt for passengers rights and his disregard
OF the companies obligations to tho public. the
public utilities companies have administered con-
tinuous and persistent castgatlon Of tho public,
whose finances IT needed and whose custom made
fits profits. Such a castigation would make q giant
OF q hunchbacked dwarf
This bill spells public regulation. Unless Il
passes something more win be demanded by the
people. We stand to-day in endeaVOr 10 con-
the interests OF the people. the interests OF
those whose small savings invested in the
securities OF the public utilities companies to
them from the wrath OF the people. that has been
stored up during the last half century.