The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-14
CITY TO OBEY UTILITIES LAW
PENDLETON ADVISES METZ TO
REGARD 1T AS VALID
Until ITS Constitutionality In Passed Union
.Judicialiy-says the Mayor Was Right,
However, In sticking Up for Home
Rule -Elllson's Opinion Followed

.Dudicially-Says the Mayor was Right,
However, In sticking Up for Home
Rule-Ellison's opinion Followed.
The Public Service Commission need have
no further fear about the oity's attit ude
toward the law under which it was created,
for Corporation Counsel Pendleton gave an
opinion yesterday that the act was consti-
tutional. on it's face at least, and he ad-
vised the Comptroller to recognize IL as a
valid law until the act is passed upon Judi
cially. The Comptroller is also advised to
mrn over to the new board the balaoe Of
100000 left TO the credit Of the Rapid Tran
sit Commission and t. honor all requisi-
ions made by the board under the law.
This opinion probably means that what
ever opposition Mayor Mcclellan had toward
an act he considered a violation Of the prin-
ciple Of home rule has been one away with
and that the present administration will
work in harmony with the Public Service
Commission. The Corporation Counsel,
however. defends the stand taken by the
Mayor and intimates that there might be
features of the law ppon which IL might be
advisable to make tests.
The opinion follows closely the one which
was written but not signed by Corpora
49, r,. nn"T' oo,No ~ us-
"isesu' sn' ,enu'e.oh naNihs shat ooou-
ihent perore MIN when ne was making the
Investigation on which to base his decision.
In a large measure the opinion follow.
I,sran,, ~. ono nrnnarad H. M EII;.an
49,. ~ a". " '
a".ousn IL shouIneo III So"e respects
ana Is not 80 direct Tor the consttutionahty
of the law.
The oninion was based IN q letter which
che comn,roI,ar raoa;,.d trom C.mm;.-
np~ "N Ho inns
sioner bassett OF the public service board
in which IL was said that the following
Questions had already confronted the
comm;.a;or.
WIN the unused moneys to the credit OF
the old board be available on the requisition
of the new board. and what suggestions II
anv would YOU make in this regardp
:, Can Won pay present employees under
some Temporary nIan without a reclaasI0ca-
,ion undar ,bs civIi sarviceS
q WIN al oeacs. now ,sntsd nv the c,tv and
80 ia 800 - ~ >.
USE ~ ID 0u oai " u"
""aiu'
(. Can YOU make any SUGGESTIONS that VIII
tsclNtate the beginning OF the WORK OF the
new ooard'
The opinion saws that he position taken
by the Mayor when the measure was be-
tose the Legislature and before MIN was
ELI.
poLa,lon oouhsei iuuiy conIurs ~ tne re-
suir nasna. mos, oh;ac,ionshie al
,n;rs, - he INV
sTba ynstter bsfore ma howsvar y nm
tinnes the opiuion. ia somewhat different
than that presented to the Mayor. who "a
chief magistrate of the city was under a
duty TO vigorously oppose the enactment
81 An Objectionable iaw. whether us vicious
features rendered the statute entirely un-
constitutional or whetner they merely
made IL a VICIOUS statute, wnicn ~nlle ~
mhght De tecnnicaiy consuCuti3i,a wouiu
oe ahogS ulJus. W '"e Guy ""u
TT. nr;n;on oos. nm 20 .av that tho so,s
ouastiont o he decided ia whether the statute
On its face yiolates the Constityition in mar
t~icuiars which AFFECT the interests OF the
CITY. THAT it does in a larger sense
the document continues. ATTACK the prin-
ciples OF home rule cannot be disputed.
but on this point / must base my decision
upon the theories OF nome rue ana sell
government as lald down oy> the COURTS,
Wnlch sive 70 tneee SS IN 49, = luz : drdinow,1a
W1Ilrt llldl llhdt ~ Nv NAAtJ "a -