Gloucester County Democrat., 1911-10-26
HON. GAUNT in SENATE
CONTINUED from Page One.)'
if it became q law, effective

it, If it became law, effective.
The power of the Public Utilities
Commission to fix communication rates
was eliminated and while it was still.
made a misdemeanor for an employe
of public utility corporation to dis
obey an order of the commission,
there was nothing left in the bill
which would make it misdemeanor
for anyone to violate the provisions
of the bill setting forth what things
should not be done by the public Htil
tiles and directors and other officials
who direct employees and give them
their instructions and they were not
made in any way hable.<
Assemblymen Egan, Jackson and La
Monte, of the House committee and
Senator Osborne, minority member of
the Senate committee, were greatly
amused when Prince and Gaunt insist
ed that the proposed substitute was a
drastic measure. They said that so
far as they could see it was mere
tumble of words, and. if it meant any
thing, 1t was that a twelve-dollar-a
week clerk would be made the scape-
goat for corporation which chose to
violate the law, while the real crimi-
nails, the directors and officials who
were really responsible for the acts of
the minor employees, would be immune
from prosecution, and could continue
to direct other violations of the law by
their subordinates, who would either
have to do as they said, and run the
risk of Imprisonment, or lose their
jobs.
If you really want a drastic meas
ure," said Assemblyman Egan, what
could be more drastic than the bill
before the Legislature, which makes
guilt personal, and goes particularly
after the men higher up, who are the
to suffer instead of the poor devil who
works for bare living.
Egan quoted the section of his bill
which deals with violators of the pro-
visions of the bill and their punish
ment. 1t is as follows:
ANY person who shall knowingly
and wilfully neglect, fail or omit to do
or perform, or who shall knowingly
and Wilfully cause or join, or partici-
pate with others in causing any public
utility corporation or company to neg
lect, fail, or omit to do or perform, or
who shall advise, solicit or persuade
or knowingly and wilfully instruct, di-
rect or order any officer, agent or en-
ployee of any public utility corpora
ton to do any act or thing required
to be done by this act, shall be guilty
of a misdemeanor
Any public utility corporation which
shall perform, commit or do any act
or thing thereby prohibited or forbid
den, or which shall neglect, fail or
. omit to do or perform any act or thing
thereby required to be done or per-
formed by it shall be guilty of mis-
demeanor
This act shall not have the effect
to release or waive any right of action
by the board, or by any person for any
right, penalty or forfeiture which may
have arisen, or which may arise, under
any of the laws of this State, and any
penalty or forfeiture enforcible under
this act shall not be bar to or affect
"a recovery for a right, or affect or bar
any indictment against any public util-
ity as herein defined, or person or per-
sons operating such public utility, it's
officers, directors, agents or employ
ees. !"
We could never stand for that
said Gaunt, who is the moving spirit
! in a telephone company in Gloucester
County, from which he halls, and is in
terested in other public utilities.
IF you do not stand for that you
discard the theory that guilt is per-
sonal, said Assemblyman Egan.
Do you want to put us all in jail?"
asked Gaunt.
IF you do not break the law, you
need have no fear of JAIL retorted
Egan, and the man who does break
the law should go to Jail"
There is too damn much tomfoolery
in your bill" said Gaunt
Other sections of the Egan bill were
taken up, one by one, and Gaunt and
Price argued for their amendments,
which would kill the effectiveness of
the provisions and make them harm
less from the corporation standpoint.
Finally Egan and his fellows made it
plain that they would not stand for
the emasculation of single para
graph of the Egan bill and would only
stand for such amendments as might
be necessary to straighten out techni-
cal erors or overcome constitutional
obstacles.
Senator Prince suggested that the
matter be laid over for a day, to give
him an opportunity to have the bill
gone over by the Att0rney-General.
Let us send for Assistant Attorney
General Gaskill at once," said Egan.
He will be in bed" said Prince.
ct was then nearly midnight.)
Gaskill was sent for and arrived at
the conference within ten minutes. He
remained with the committee until
O'Clock. Prince put up the questior
OF penalties to him and Gaskill sided
with Egan, La Monte, Jackson and
Osborne, saying that if the committee
adopted the penalty clause proposed
by Senator Prince, 1t might just as
well tear up the rest of the bill, as it
/ would be absolutely useless. He said
that the clause in the Egan bill MAX
Ing it misdemeanor for director or
other officer of corporation to order
! q VII ~ 1o f<.x. ~T+ l.. L II