The Washington herald., 1907-04-02

Utica. r.. Y. April I-Gov Hughes was
the guest of honor an the annual ban-
quet of the Utica Chamber of Commerce
tonight He deded the legislature and
made desperate appeal for popular sup
port
Al a luncheon the Hon William Town
send, representing the present Democratic
city administration. made a brief speech
IN which he said that Uticans. regardless
of party were standing behind the exec
utiv@ The governor. in response, de-
clared il to be the duty Of the executive
10 stand always for the interests of the
people and affirmed his belief that an
elected representative who does his duty
need fear nothing from tine public.
Al the banquet which was held IN the
Masonic Temple, 20 Of the citys most
prominent business and professional men
were assembled. and they greeted the
governor with enthusiastic cheers. Con-
gressman Charles A. Towne, of New
York responded to the topic, CONNER
eiaIism," and Judge William J. Gaynor
spoke upon "The Erie Canal
Gov. Hughes was left free 10 select his
topic. but it had been hinted that he
would discuss the public utilities bill now
before The legislature. ana defend his po-
sition on the measure. The banqueters.
therefore. had their ears attuned for
every word uttered by the executive. with
the result that they heard spirited, con-
vincjng argument in behalf OF the public
utilities bin and flow of scorchjng sar-
casm aimed at those who are combating
J
Defends Public Service Bill.
Aroused by the attacks that have been
made on the public utilities bill the gov
ernor defended the measure will all his
strength and vigor.
He did not recede one step from the
position he has taken in support of meas
ures for the more effective regulation OF
public service corporations.
Without doubt the governors speech viii
be read throughout the State and country
with absorbing interest bat nowhere will
il receive closer attention than sit the cap
itei hese I'M s{aaae 2sf ffnalslrlF- -sf5H the
lawmakers and politicians observe the
spirit In which the public receives the
governors declaration.
Has Hughes got tho people with him2
is question that the politicians persist
answer, and until they receive an answer
standstiH.
Address by Hughes.
Gov. Hughes spoke in part as follows:
'"rhe Importance of providing effective
State supervision Of public service cor
porations seems TO be generally conceded.
] shah not recount grievances which
have made the subject one Of paramount
public interest II is sufficient TO say
that the people, without auimosity toward
rights Of property, but with q just in
sistence upon the performaSce of public
obliga tions. demand that the State shall
exercise its power over its creatures. and
compel due regard for the duties which
are correlative to the privileges it has
granted
Federal regulation is not "a substtuts
for State regulation. Federal powers and
state powers are exercised in different
spheres. Congress has complete authority
over interstate commerce. and the State
cannot interfere with the exercise of its
prerogatives; and it is desirable that the
Federal authority shall be fully exercised
until every abuse incident To interstate
commerce Is ended.
glievous thing that a railroad corpora
tlon, for example, should be subjected TO
the laws OF many different jurisdic-
uons. Undoubtedly annoyances may be
caused by a variety of laws and regula-
tions. but so far as interstate commerce
is concerned the Federal authority is su-
preme- But there is no reason why the
State Of New York should fail to enact a
just law in the interest Of its citizens
because Of the action OF inaction of other
States
Questions Must be Answered.
''The first question presented is: Why
should there be a railroad or public scrv-
fee commission? Every power that a
corporation has is derived from the legis-
lature which creates it. So that every
question Of rate. of fare, of safety sp-
plance, or of suitable equipment and
facilities is question primarily for the
legislature. But the questions which
thus arise are Of extraordinary number
ana variety they call for investigation
and for the consideration Of a multitude
of details. Experience has shown the
advisability Of creating subordinate
body or commission with appropriate
powers for this purpose"
Mr.. Hughes here described the functions
of such d commission; its relations with
the courts, and said that where the legis-
lature goes beyond its constitutional pow
ers. the matter falls within the furisdic-
tion OF the courts. vino will declare such
action null and void.
Continuing, the governor said:
'Fhis court review the legislature can
not curtail. The courts proceed by vir-
tue OF their inherent powers under the
constitution II is idle TO attempt and
no good citizen desires tn attempt, 70 fet-
ser their action.
A different question is presented when
Il is urged that all orders OF the com
mission should be renewable by tae
courts regardless Of the question whether
the commission has exceeded its author
ity OF any constitutional privilege has
been ignored.
'it Is not sound public policy for the
legislature 70 create a board whose ef-
fectiveness viii depend on the option OF
the corporations. The delays that are
incident TO proceedings attacking the ae-
son OF the commission as umcOnstitu-
tional are inevitable. But there is no
good reason why delays should be null
tiplied by allowing court review in all
eases
Proper regulation ef corporations is a
matter so important and The attitude Of
the public toward our public service oper-
Boards, wide. bright 500 per 100 IT