Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-03-29
AND PENALTY
CLAUSES URGED
IN UTILITIES BILL
Governor Fort Calls Their 0mis=
sion Serious Defects to
Measure.
fFrom a staff Correspondent

Trenton. March Ex-Governor
Fort Yesterday sent to the Legislature a
speeial message pointing out two de-
fects in the public utilities bill re-
comfy passed and signed by him, whlcn
he considers serious. He strongly ao-
voeates further legislation on the Dill
al this session. so that there Will De
embodied in it a ~rate-making clause
and a fixed penalty for violation by
corporations of orders of the Utlhtles
Commission. The Governor calls at
tention To the principle of law that
in an action of debt only a fixed pen
altv can be recovered and suggests
thai the penalty be fixed at 500 a day.
Tho Governor comments on the Dill
follow;
amh-re are VI serious.defect in the
bill as approved, but 1 do not thlhk
tsem OF suaaeient moment 10 refuse 10
accept the features of Il bill, which
| deem to be good and of advantage
to the public.
eThere are some rate-making'elauses
which should be embodied in sdeh a
bin and which the present Legislature
should engraft upon this statute. Rate
making power is essential to a really
effective utilities bill. The other feature
which is absolutely essential to the
efficacy OF the work of the 90 nmlssion
under the bill is the power o@fenIorclnS
its orders by proper penalty. By chap
Ter 1872 of the laWs of 1893 the proNi-
sjonj OF the original Railroad commas
sion act. passed in 1897. Wee modified
by striking out the power of the en-
forcemeaJ "a a.. oluels of the commits
sion through The Court of Chancery.
~ do moi believe it was the intention
of the LEGISLATURE, and 1t certainly was
nor the view Of the Governor, that this
supplement of 1909 a stricken out
this Chancery provision, but a careful
stiidN of the amendmeng OF 1909 has led
ms 10 fear that such is the case. /
earnestly recommend that this provi-
sion of the act of 1909 be ~reenacted, and
that the penalty clause fixed in the
s1u,plement of 1909 be changed so that
thu words not exceeding in section two
4. of The supplement of 1903, which was
section eight of the original act. SHOULD
b8 stricken out. thus leaving the sec
flor to read so that the penalty of s1oP
per day in that section for refusal to
obey an order of the commission would
be fixed at s100.
81 do not think this penalty is AIDE
ouate. but in order that there shall be
no question it is necessary to strike out
the words not exceeding as it is a
well-settled principle of law that in an
action of debt only a fixed penalty can
be recovered. A penalty which is stated
in these words not exceeding one hun
dred dollars Is not a fixed penalty, n
under this statute there is no provision
fxing a definite amount which may be
recovered. Hence, it is void for uncer-
tainty. at least unentorceable. because
the amount is not definite.
with these two suggestions included
in the bill the only serious criticism
that could be made against it would be
removed. A fixed penalty is absolutely
essential to an efficient administration
nv the utilities commission under the
act. Such legislation is earnestly
recommended"