New-York tribune., 1909-03-13
THE P. S. C. LAW UPHELD
DENIAL OF INJUNCTION.
AppeHate DiUiSion Calls Act Tdhd
Exercise of Legislature Power.

The cons+ftntianalitv OF the Public Service COM
missions law was upheld by unanimous decision
handed down yesterday by the Appellate DIVISION
of the Supreme Court Justice Clarke wrote the
decision
The case came before the Appellate Division on
the appeal from order made by Justice Gerard
in Special Term, denying the application OF Adolph
c. CIubner for an injunction restraining Mayor NC
CIelIan Controller Metz and City Chamberlain
Martin from paying any moneys to the local
commission for salaries, expenses, etc, as pro-
vided by the law. The complainant attacked the
act on fourteen alleged violations of tbs state con-
stution and also presented objections under three
provisions Of the federal constitution Inc court
says:
The act is valid exercise Of legislative power
1t is the latest expression Of the public pocy OF
tons. The right Of the state to regulate and con;
troi corporations has always been asserted anu
The scheme Of the act Is to create Public serviSe S
commissions for the regulation and control OF pun.
lie service corporations. Every section Of the act
bears directly upon the general scheme Inc
is no constitutional objection to embracing several
separate matters in a general distinguished from
Irtvate or local bill.
In the appeal the complainant argued only two Of
the constitutional objections raised in the original
case The points argued were: First. that the act
offends the section Of the state constitution Wnch
provides that no local bill shall embrace more
than one subject and shall be expressed IN the
title: second. nor shall any such county city
town or village be allowed to incur any Indebted
ness except for county, city town or village pur-
poses" on these points the decision says
The purpose Of the sixteenth section was that
pHbiic shall be n1isled by the title that the lat
Ter should embody all the distinct provisions OF
the bill IN detail.
The fact that a part Of the moneys necessary to
meet such expenditures is raised in the wisdom OF
the Legislature. by taxation upon portion OF the
state makes those officers none the less state or
general officers. and does not bring the expendi-
members Of the Rapid Transit Commission were
named originally with the addition Of certain city
officials ex offico. The duties powers and turis-
dction Of that commission have been transferred
to tho Public Service Commission. This whole
matter comes down to pure question OF taxat9n
the discretion of the Legislature.
The conclusion OF the court IS;
The act is general, not private local: It CON
tains no matter Reru1ane to the title thereof:
the provision for payment Of the expenses Of the
commissions created is properly included in the
act creating them; the provision requiring payment
trct il but a matter Of apportionment, well within
the taxing power Of the Legislature, and III
S Of the con-tituton Is 70 be incurred. The act is
a valid exercise Of legislative power.
John T<ary. counsel for Mr. Gubner said there
were other points involved. not touched by the de-
csion which he would raise appeal. the prin-
cnel one being that tho act conferred officers
created BY Il the same duties and power that are
invested IN the constitutional officers OF the state.
namely the Attorney General and other heads OF
the State Department
I viii carry the to the Court Of Appeals, on
an appeal OF all the points involved" said Mr..
IAarv. and in the event OF defeat there will go
to the United States Supreme Court
George S. Coleman and John f Dillon were
counsel for the Public Service Commission