Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-03-24
GOVERNOR SIGNS
UTILITIES BILL,
SAYING IT'S VALID
Cites Judges Opinion. as to Con-
stitutionaIity in Message
to Senate.
SAYS STATUTE Is WEAK
BUT ESTABLISHES PRINCIPLE
Must Be Made Basis of Future
Legislation to Give Board
Real Power.
LFrom q gtaa corre.penasat.l

i Isf8-A IN AAdiCii
John Franklin Fort today signed The
Wakelee-Pierc public utilities blu
Newspapers generally predicted that
the chief executive would veto the
measure. but the EVENING STAR
right along insisted that the Governor
would affix his official signature. The
Governor had no other course to pur-
sue. for he practically put his 20. K
TO the utilities act before it was intro
duced in the Legislature.
The Governor, at the time he signed
the measure, prepared a special %
munication 10 go TO the Senate, e1-
planning that he has thoroughly salts
fled himself as TO the constitutionality
OF the act. He held a conference with
| Acknowledgement Edmund Wilson and
| several others, and it was the unani-
nous decision Of the jurists that the
act strictly conforms with the consti-
tuition.
The message to the lawmakers ex-
| plains the legal status of the act and
further tells why the Governor decided
to sign It. His reason in a nutshell te
| because he thought the act, weak as its
provisions are. is better than no utill-
ties law at all. The act. which turns
the railroad commission into a public
| utilities commission. a be amended In
years to come so that eventually New
Jersey will have g. real, up-to-date
utilities law upon its statute books
As the utilities law makes no pro
vision that ii shall go into immediate
effect the measure will not be opera
tive until July 4.
T1x<fs rnpcaaan on the Fiji
was prepared with great care. and in 1t
he cites former Supreme Court Justice
Van Syckel to bear out his belief
that the measure as passed is onsti-
tutional. The two points raised by OPP
ronents of the measure were gone into
extensively.
The first was that the first secuon or
| tie amended railroad act of 1907 should
be set out in full. and the second that
the. bill attempted TO delegate general
legislative authority to the public tfih-
ties commission. Neither objection. &C
! cording to the executive. is sufficient
to upset the law.
The statement cites, in addition 70
Judge Van Syckel, Chandler W. Rikez
and Attorney-General Edmund Wilson
10 prove the law is constitutional The
! Governor d0HlllS lHt III a etoA- -
cause it does not empower the COM
mission TO enforce its orders. he Ia
vors ii. he says. because it establishes
a principle. II he vetoed the bill he be-
lieves it would please those who would
like to hold the Governor responsible
If no Law were passed. II is pointed
out. however. that the law is only ths
beginning and must be made the basis
for more effective legislation.
Frank H. Sommer, of the Railroad
commission. who under the new law
becomes president of the Public Utii
tiles Commission. is also quoted as
saying that the law has many valuable
features.
Following is the Governors state
ment:
After a most careful study of senate
bill 254. for the regulation of public
utilities, and after an opinion by former
Supreme Court Justice eBnnet var
Syckel declaring il to be constitutional
along all the lines in which ! feared
there might be doubt as TO its consti-
nationality, 1 have approved it and 1t lie
now 9. law.
81 have also sought and received YER
bal opinions as to the constitutionality
of the act from Acknowledgement VIII
son and Chandler W. Riker, As to the
general features Of the bill and its
probable value as a law 10 ef1ectiveis
and authoritatively regulate utilities
companies ] have conferred very fully
with Frank H. Sommer, the president
of the Railroad Commission He deems
the bill to contain many valuable fea-
lures and to give ample authority q
do effective work under it.
MY W study of its provisions has
convinced me that it is in many re
spects an effective act. 1t certainly 2
a long step in advance. II it did notn
ing else than give the commission power
to inquire into and expose unjust ex-
action, and to inhibit unjust discrimi-
nations as to rates and charges, which
1t clearly does. it would be unfortu'
nate II it should fail of enactment
Powers of the ConmirsioB.
But it does go farther. in that II
confers upon the Utilities Board. in the
strongest language possible. power to
compel safe and adequate service by all
utilities companies. Under this power
proper and safe car service can De re
quired. To be compelled to hang az
| ~ oil dps c4A0aAo 6OQA OC11t
mission has no power to TX rates undel
this act even upon complaint but il
can investigate rates ION its own mo.
tion), and examine witnesses and lei
the public know the truth as TO thu
cost Of furnishing gas, electric light
telephone service and b ike. unrea-
sonable or excessive charges can bs
exposed and upon the facts thus found
the people can be aroused to demand
legislative relief.
There is ample power under the bill
for the commissioners to order in writ.
ing that all classes of utilities com
panies shall comply with he laws q
the State. Another good feature is thu
all classes of utility companies arr
placed under the law.
I'm this respect the act is broade
than the Hughes bill in Mex York
The power to compel attendance p
witnesses, the production Of papers. az