United labor bulletin., 1912-04-18
UNLIMITED POWER
FOR UTILITIES BOARD
Legislation League discrimination
of Power Of Elective Courts
While II Votes for Unlim-
tied Power to Ap-
pointive Court.

We notice In the daily papers OF Monday
that the Direct Legislation league, at its
meeting Monday night, endorsed the pro-
posed Rush amendment to the state con-
stitution providing for public utilities
commission, and at the same meeting tne
author Of that proposed amendment at
tackled the Denver Trades and LABOR
a.sembiy for epdorsina and instruetina
the legislative committee Of that body TO
initiate the proposed law drawn BY At
torney Henry Cohen. IL is 9iarinsy ap-
parent to the lay mind that few re-
marks on the subject would not be auniss
at this time.
Direct Legislation league would give
public utilities commission absolute
power. with no appeal therefrom II
provides that the present governor snail
name the commission thirty days before
he retires from office Should commits
sion be named that we're inclined 10
favor corporations. there would be no
hope OF having them removed nor coulu
action be taken against the governor
looking to the recall of that official for
he would have already retired from Of
flee Should the men named be antago-
nistic to the corporations and seek TO
hamper them in the development OF the
state. there would be no possible way OF
cn ecking the commission in Its determin-
alton to restrict utility corporations to
percentage OF earnings that would be pro-
hibitiye of operation. The best lawyers
in the city say that an amendment that
confiscates property without due process
o. law (the denial OF appeal to the courts)
would be against the federal constitution.
Mr. Rush himself admitted before the
committee that the acts OF the comms-
sion could be knocked out in the federal
courts.
Then again when the Direct Legisla-
ton league is initiating legislation limit
ing the power OF elective courts. and ask
ing for the recall of elective officers and
judges. does 1t not seem the worst OF ny
pocrisy to legislate for an appointve
commission with unlimited power, grant
ing no appeal to the courts. and eiimin-
ating all hope of the recall being made
effective? One cannot but draw the con-
clusion that the Direct Legislation league
has doubled on the very principles for
which 1t Standardization of the power
of courts and the recall of judges. The
proposed Rush amendment gives the COM
mission the power of a court OF record.
the power to sentence to jail and fine
for contempt and take any action which
in the opinion OF the commission II sees
fit to do-and any appeal is denied.
II acts Of the commission can be
knocked out In the federal courts, then
| the amendment would be direct play
| into the hands of the corporations for
| IL would be against the federal constitu-
tion and the amendment would be made
imperative. Arbitrary power should be
denied to any court for 1t is liable to be
abused by either the friends or enemies
| of public utilities.
The Cohen bill Is patterned after the
Wisconsin statute. which is pointed to
with pride by the reform element Of
every state, and which Public Service.
a corporation paper published in Chicago.
says is a benefit to the corporations and
public alike because It protects the pub
lie from extortion and the utility cor
porations from undue restraint and
blackmail
To deny the right of appeal is to recog.
nize the distrust in the courts; but II
| fair courts cannot be elected then n fair
governor cannot be elected If fair
! governor cannot be elected. It follows
| that good commission will not be
named: II a good commission cannot be
named. then the acts OF that commission
should be subject to review by the courts.
The right OF appeal is n precedent that
will not soon be overcome. We now have
| the right OF appeal from the president of
society or labor organization and from
the president Of the United States. To
give absolute power to any three men
| is taking step in the wrong direction
and is not giving recognition to the re-
publican form Of government.