New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-31
CONSTITUTIONAL COMMISSIONS
ONLY When So Protected Can Public
Service Bodies Be Independent
To tho Editor Of Tho Tribune.

have pcrmancnce IN ONCE ana tnhl 'h'y
should he unirhucnccd by public clamor.
What other practical means is there by which
,boso results may he accomplished except by
giving 70 these great commissions constltu-
tional standing and removing them from III"
hancful influence Of politics. using that word
In ito worst sense n there is any other way
bv which this can he accomplished. it should
hc brought forth.
Probably the most important question in
economies before tho American people is that
Of wisely controlling in the public interest
those intimate servants Of the public the
various public utilities which enter directly
into necessities Of life and home and also
being largest employers Of men and women
enter into the very existence Of an enormous
part Of the people. These public utility cor
porations employ more men, moro women
more wealth. and supply moro Of the neceS-
cities n life more Injuries Of life, than any
other classified group Of industry IN me
United States Such ramfcations and such
MAGNITUDE spell power. and such power needs
direction and control in the public interest
yviso and efficient control n firm hand, which
through experience will develop consistent
oouifabic policy. and by its continuous ap-
plication will so control these servants as to
gain for the public the maximum service OF
the different kinds with maximum welfare
Of the employees at a minimum cost 10 'he
public and with such profits TO the corpora
lions as will insure continuous expansion 10
meet the growing needs of the public. In THIS
control both the public and the corporations
must have confidence. This can never be ac-
complished through the Vaccinations OF po-
utical parties.
About 1906. after years Of experience IN
Massachusetts, particularly. and with Federal
commissions. New York and Wisconsin and
some other states decided upon commission
control Of these corporations, with we'll paid
responsibl men as commissioners; nearly
every state in the Union now has such a com
mission. They have been useful, but it did
not take long for our politicians to discover
that these well paid berths were party
spoils." and this has resulted in making the
individual commissioners. and therefore the
commissions. the subject of politics IN IFS
worst form political fear. Fear does not
tend TO lust decisions, either to the public or
20 the companies, but rather 20 orders based
upon political cxpedioncy OF one kind or an
other.
Some states have had three sets Of com
missioners in five years in none except Nlr-
ginia and Oklahoma is there tenure or OF
fee such as will induce the best men 70 serve
as commissioners or gain for them experience
in their work and public confidence. In 1907
Virginia made the commission a constltu-
tional body. New York has been a sorry
light This and last year, due 20 Legislative IN
reference with the commissions work; Penn
svlvania's commission, two years old. has hve
new members out of seven. Massachusetts,
New Jersey, Wisconsin and others have been
threatened within year by the politicians
10 take important matters out OF commits
sons hands and revert TO control by legls-
lative acts. A legislative committee IS al
ways ready to take It's pay and make report
on any subject under heaven.
This unrest is undoubtedly due to the loss
Of confidence in the commissions, both by the
public and the corporations, because Of the
baneful interference of political influences
presumed to be either corrupt or for "spo;ls
as the case may be-
Nevertheless, commissions have been found
useful and their difficulties are understood.
Experience has shown that these cor1mis-
sions must be relieved OF political pressure
after appointment, as judges are freed from
il. even weak men will be strengthened. They
must have a fixed tenure of office, the longer
the better. They must be given definite
authority in these questions assigned to their
Jurisdiction. such as rates of charge, fares and
such matters Their orders should not be
renewable By legislatures or municipal gov
ernments but should be renewable by the
suDerior courts. as they now are. TINS eNpe-
rience has led to general movement to give
commissioners a constitutional standing and
i'm New York the amendment offered by Judge
Olcott in the Constitutional Convention ac-
complshcs the desired end with the minimum
change in the law Personally | should like
TO see the commissioners terms made ten
or seventeen years, the longer the better.
How else can these commissions control vast
wealth and vast and intimate relations to,
the individual in his home as well as the
public collectively? How else can they be
made effective, just, and gain and retain con-
hdence?
Things cannot 90 on as they are. Both the
public and the corporations rightly demand
that the men exercising this immense power
should be experienced and independent OF ex-
traneous influences. The proper men cannot
be had when they are probably TO be re-
moved from Office by the next Governor. IT
is not so much the salary that good men
want as it is the chance to do good work,
and to 90 good WORK they must nave both
experience and fearessness in judgment.
An objection, possibly the principal objcc-
tion to this proposed change, is its burden
ing the states fundamental law with another
detail, and comparison is made between a
state constitution and the Federal Consttu
ton. To the laymans point Of view there
is little to compare between the two. The
Federal Constitution is for one purpose and
the state constitution for other purposes
Disregarding the difference OF opinion in the
United States as TO the effectiveness of our
Federal Constitution. as TO the deslrabillty
Of keeping j.: shor; and the elimination of
everything pos 'ible, It Is the ground work
on which Congress may build and be guided
and limited in its building. The complex end
divergent interests OF the states as a whole
serve "a check on Federal legislation.
Is not the name constitution" misnomer
as applied to the state constitution? Is a
state constitution really fundamental law ?
Is not tho Constitution Of the United States /.
the fundamental law, the various state con.