New-York tribune., 1907-04-06

does nothing Of the sort. Past transactions are
either lawful or unlawful. II they were lawiu1
it is important that the new legislation sn9utt s
not be construed as intended to AFFECT any rs4ss
which is Eafeguarded by the constitution. -
they were unlawful, the proposed Dill uOes ~. ~
legaliZe them. The provision of the bill Simply
IS that 1t shall not affect what mas Deth .Ht la"
fully done, and every right which exists Win Win
every reference fo any illegal transaction in the
past viii continue TO exist without impairment
by anything in the proposed law
PENALTIES WILL NOT BE UNJUST
Something has also been said regarding the
penalties provided for by the law, Dut II WI. VIZ
be noticed that the penalties stated are nleIety
maximum penalties. There is no provision IN
the bill, for example, that a corporation tiolaI1
ing the act shall be mulcted in penaity Oh
$4,000 for every day that the violation con-
tinues. The penalty Is a sum nor 10 ~ ~eAceSN
5000 for each offence or for eacn oay CON
tbnuance. The penalty is not required 70 De q
particular sum, but within the limit stated WIZ
be fixed at such sum as the court may nnu
just in view OF all the ciIcumst e. % ooo
case. II the company ought 10 pay ?O,OOO
day it will have to pay that sum- II TINS WOuIu
be unjust and result in the extreme pehalIIes
described by the opponents OF the DILL sum
should be fixed that is both adequate ana just
The court has the necessary latitude SO Ihat
proper punishment may be meted our. NOT Is
any one in danger Of q penalty unless ne Vlo-
lates the law. And Of course there VIII De no
penalty at all unless the order Is valid ana
AS have said before. the law in its opera
ton should mot be unfair or oppressive, but it
should be effectual
Property rights are not threatened; freedom
of management consistent with just recognition
of public obligations is not Anterfered with. l
need not repeat what l have recently said in
regard to the proper function Of the courts and
the Importance Of avoiding dilatory proceedings
to secure a court review Of matters which are
purely administrative.
Let me say in conclusion that believe there
is general recognition Of the Importance of pro-
viding for suitable state supervision OF public
service corporations as is now proposed that
believe the people Of this state indorse the
effort TO place adequate measure OF relief
upon the statute books, and 1 believe that
majority OF the members OF the Legislature are
alive TO the Importance Of the question presented
and viii be found TO be in accord with the pub
lie sentiment upon the question
GOVERNOR GOES ON SPECIAL TRAIN
Governor Hughes left Albany this afternoon
on special train with Senator Emerson and
party. in which were Senators Page. Aids. VIII
cox, Gates, Heacock. Ackfoyd Hooker. Fran
chot. Grady. Owens. Cobb and Grattan and As
semblymen Merritt. Bowling. Waddell and Nor
ton The Governor stopped here. going to the
Glens Falls Club. where at a reception he
greeted some six hundred town people The
legislative party went on to Warrensburg, where
Mrs. Emerson held reception for them. They
returned this evening to the dinner.
Senator Grady was the first speaker. He re-
sponded to the toast Little Old New York"
Then came Judge Van Kirk who spoke for the
judiciary. Dean Huffcut, the Governors legal
adviser, told about "a Limb OF the Law" Last
came the Governor. speaking TO the toast The
Empire State"
In introducing Senator Grady, Joseph a. Kel- !
logg, toastmaster, referred TO the joys Of coun-
Try life. I'VE are comparatively free from the
attacks of that erratc individual Jerome" he
said. 1--WE don't get so high in this world that
ANYBODY thinks it worth while to borrow our
nan m 90 nj a syndicate.
Senator Grady said his invitation was most
informal one Senator Emerson had come TO
him and asked If he would be with the Governor
on Friday. Il get so little chance 10 be with
the Governor said he, that said Yes. l don't
know how I'll fare while going with him
know how / Jared when go for him. / didn't
suppose I was asked here TO tip you to winner
I see you realize the situation here better than
they do IN other parts Of the state, for you
have put the Governor last. The Governor is
entitled to the last word and If you don't know
what that means come down TO Albany
Other Grady sentiments were: God made
the country, Tammany the town. There used
10 be time when had few words 70 say
waves his hand and says he'll attend TO all
that New York has a public sentiment which,
when aroused, makes for the best result on any
question: l speak from my experience In op-
posing the Bingham bill
Justice Van Kirk upheld the Governors posi-
tion on the court review question saying that IL
the Public Utilities bill passed there should
be 10 appeal TO the courts. II a town board OF
auditors he explained, were 20 audit a bill and
the question Went 10 the courts, lhere ccul0 De
no question of the items OF the bill but only Of
whether it was the kind OF bill for the auditors
20 pass on.
Dean HufHcut declared that the people had
begun to realize anew that they did not have to
look to Washington to remedy evils. but to their
states.
without wishing to abate one jot of title
of the powers OF the federal government" he
said, 1--WE see that the powers OF the state gov
eminent are adequate. All need to do is to
invoke them TO bring them into action. It is
ALBANY
than it IS your representative at Washington:
it is easier to reach the Governor at Albany than
Il is the President at Washington. For the
things the Governor can give at Albany look 10
Albany. Render unto Cesar the things which
are his"
Dean HufRcut's speech and the attitude taken
BY Justice Van Kirk on the court review caused
q buzz Of comment at the dinner.