New-York tribune., 1908-02-19
THE P. S. LAW Is VALID.
sustained By INFERENCE
The Legislature Nag Delegate
P0scer 10 Fir Rates.


the legislative act Of 1893 creating the state
commission of gas and electricity. according TO
decision handed down this afternoon by the
Court Of Appeals IN the of the Saratoga
cas- Electric Light and Power Company.
The underlying principle referred TO as sus-
tained is that the Legislature may delegate TO d
commission its power 10 fix rates The decision
y Inference sustains the constitutionality of the
set OF last year which created the two public
service commissions in place Of the commission
q gas and electricity and other bodies with
jurisdiction over pablo service corporations.
chief Judge Cullen. in the opinion in which all
concur. leaves no doubt of the attitude Of the
court OF the subject Of the power of the Lesis-
lature in this respect.
The operation OF the law and the orders of
the old gas commission under its provisions
iuvaidated only on the specific ground that the
laV. in establishing arbitrary period Of three
years during which rates fixed by the commits
sion should stand made provision for appeal
70 the commission for readjustment OF rates
II is stated that this decision does not affect
rstes fixed by statute. in the cases of New
York City and Albany: nor such cases 5 those
where rates were established by compromise
between companies and cornpiainants: but It is
hee-<i that ali companies which were ar
titrarilv forced TO reduce rates by peremptory
order Of the Gas Commission under this
decision have the new rates set aside and re-
1urn 70 those which prevailed before the com
MISSIONS order was issued Such cases would
- those Of Syracuse. Rochester. Buffalo, Water
town and Mount Vernon
SPECIFIC PROVISION FOR APPEAL
Governor Hughes. declining 10 talk about II
<7- publication tonight. made 81 plain that he
vas well pleased with the decision in its Incl
dental support for the public service commits
sion law It was stated ar the executive
Lar DC ~
vision for such appeal as the court declares
- b. the fnaIenabIe right Of all parties It was
elso stated there on sufficient authority that
Governor Hughes as counsel for the stevens
zzs investigating committee which recon-
-7en6ed the Gas commission law. did not him
self prepare the draft of the act now prao-
Ideally invaudated. but that after the bill was
--e7s-ed he went over II with Julius NJ Mayer.
then Attorney General. and they made number
OF changes but their time limited and they
oould not examine it as thoroughly as they de-
sired
The decision vas on the appeal Of the Sara
-oga Gas. Electric Light and Power Company
rom decision Of the Appellate Division, affirm
fnE an order issued by the old State Commission
of Gas and Electricity complaint Of the t-us-
-ees Of the village OF Saratoga Springs, purport-
fnr TO fix the maximum price Of gas IN Saratoga
- 81 - a thousand cubic feet ana electricl's
- eight cents kilowatt hour
-x-sena-o- Edgar 7. Bracket. John B.
S-snchteId and James NJ Beck appeared Tor
arpeilant: George P. Decker, Deputy Attorney
General; Marcus T. Hun. Edward B. Whitney
znd David e Hill for respondent
JUDGE CULLENs OPINION
II, was said on the argument" says Chief
Judge Cullen in his opinion, that the omission
5- the statute TO give the companies an equal
-zllt with the consumers occurred through IN
adve-tezce- Il SO. the inadveTtence IS to De re-
GREETED. for it constrains US TO declare InVahd
-4a r,,--jon OF the statute before US which we
--o.7d otherwise uphold. II, however, is an OBJ
-e--fon that can be readily renedied by legis-
rz-5on giving any or al parties in interest an
equal right TO appeal 10 the commission Tor .
adjustment OF rates"
Judge Cullen refers to legislation in >ngLallu
r-lo- 70 the Revolution, which he says "oulo
.sser, rather 10 support than 10 deny the propo-
sitio- that details Of making could properly
re designated to administrative officers we see
n rea<on why such power should be denied 10
the LEGISLATURE
Judge Cullen says further that the tendency ol
me Legislature has been for years to delegate
certain Of its powers 70 other branches OF ''s
government He refers TO the four colsti1u-
rso--st co,z-e--ions framing new constitutions,
those work IL whole or part, has been aoopleu
lv The people. besides which some EXTENSIVE
s-,a-s-,errs have been enacted IN the method
-7-o-55ed bv the Constitution. The people have
had annie opportunities to correct any nlscoh-
cep1ion OF rlisconstruction a. 70 their powers Oh
-re mart o< public officers. whether legislative
executive OF judicial, and any exercise Of power
p, Tho legislature which for a long time has
rzsseG unchaIenged or, i challenged mas pee"
sustained by the courts must be deemed 20 h4H
l,sen arr-eved by the people unless foroidden OE
-g,ee,.,anr constitutional provision There ais"
shculd he borne in mind that Win Us the o"-
--i7e has always prevailed mat lhe ies-s'"1I'1
power Is pIenary except as limited oy the leu
80 zrs s+a-e constitutions, and that there has
go 5.ee- $, This state that sharp line Of de-
rla-cafjor between the functions Of the tlFee
branches of government WHICH "''0- "
other Jurisdictions.
---he 1ea-ned counsel for the appellant has
g5re4 . number Of decisions IN other states flol
on The r-e-ise point now before Us but On INC
-uhiec- Of What constitutes q delegation OF leg
tslstfve power i is argued that these decisioiS
-.o,1fd logically lead 10 the condemnation o. d
statute e-17rovering q commission 10 hN f0-es'
H shall not attempt 20 review the par1icu'a
cases b1I- confue ourselves TO saying 'iia'
--srv II not the ma jority- OF the oeciSAoiiS q
- - ,a ,,ofrrs therein decided. in direct conflict
with The decision Of this state oie"''' -
~, - ,5a--e6 ,bat whether logically or not
-. Ia - 70 the conclusion that powers
cannot be conferred upon commission 10 ~
-e-As rlo s,,ch conclusion has been reached py
she cerrr NJ last resort in any state. WINE 0"
The ,rbe- hand there are several decisions sus-
tanning such Legislation ..
William r Hearst loses in ms litiba''"i
against Mayor George z. McoIeIidh anu -
Controller Ed&ard B Grout OF ne" torA III
,-,uneciion with lighting charges III aia0lnel ~
'isicr handed. down by the court ar tlsa- -