The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-18
FATE OF SERVICE
BOARDS IN DOUBT
Convention Debates Increase
Of Power for Commissions
All Day and Night.

ALpANy, Aug. 1.-THE Constitutional
Convention was unable to reach a vote
tonight on the Public Service Commis-
sion article reported from Judge tales
Committee on Public Utilities. AFTER the
article had been discussed by the con-
yention during the morning, AFTERNOON
and night sessions.
Before moving that the discussion Oh
the article be continued tomorrow
Judge Hale offered an amendment strlk-
ing from his article the paragraph per-
hitting the Legislature to determine
lust what review the courts should nave
Of decisions Of the commission.
The convention continued The discus
sion at the evening session until nearly
midnight. Meier Steinbrink OF Brook
Ign, who filled the chair. urged that the
debate he concluded.
Judge W. NJ. X. Olcott said that there
were seventeen members OF the com
mittee and as many different opinions
upon the question. He thought the
Wickersham amendment was all right.
so far as ii vent. and that II would he
satisfactory II that was as far as the
convention cared 10 go.
He insisted. however. that the extern
slons which are to be made to the SUB
way system In New York would Keep
the city commission busy for twenty
wears. or until the next constitutions
I convention lltfAF anu A"hA " 49, 'S
son there should not be a provision In
the Constitution inviting the Legisla-
ture TO abolish one OF the commissions
Judge Olcoit paid a high tribute TO
the work of the New York city commits
sion under the craftsmanship OF Edward
Il. Mccall. and declared that the city
was fortunate In having a man OF his
character and ability directing the work
OF the commission.
Senator Wagner denounced the COM
mittee article because II makes Il COM
mission created by the Legislature SUI
perior to the Legislature.
Dorr RAYMOND Obj of syracuse sub
mitted a substitute article compllsh
ing the purposes OF the Wickersham sub
stltute except that IL the New YORK city
commission is abolished the Cobb sub
stitute provides that the Governor snail
designate which five OF the ten ommis-
sioners shall continue To serve on the
single commission.
Judge Ledyard +. Hale. counsel for
the upstate Public Service Commission
and chairman OF the committee on pun
lie utilities, explained for several hours
the reasons which prompted the commit
tee in drafting the Public Service Com
missions article. II protects the present
commissioners in office until their terms
exp!re and prevents the removal OF a
/ comm SSlO1lsf uN lnt 'rpNfIlpl iNiiou
the approval Of the State senate. This
approval is not now requirod
The Legislature is prohibited from
passing a rate bill until after its reason
ableness has been investigated by the
Public Service Commission and IL Is
provided that decisions and orders OF
the commission shall be subject To re-
view by the courts lin such manner anc
TO such extent as the Legislature may
provide"
Republican Leader Wickersham oh
jccted strongly TO the article and Offered
|, a complete substitute, reading as fol
, lows:
/, There shall he one or more public
, service commissions. The conm's-
= sions shall he appointed by the Gov
ernor by and with the advice and con-
sent OF the Senate and shall hold office
for five years. Until the Legislature
4 shall otherwise provide. the existing
commissioners are continued with the
Q Jurisdiction and powers as at present
: enjoyed by them. The Governor may
remove any commissioner for cause
after service upon him Of "a written
statement of the alleged causes and an
: opportunity to be heard thereon.
II recognize that the operations c
these public service commissions haN
swept away lHt iFBlSldlNc loDDlcs I
the Black Horse Cavalry and yet
C do not think we hould tie the hands
the Legislature in dealing with thes
commissions" declared MIR Wickershar
= ~ think we should leave the Legislatul
free to place all the utilities under OF
commission later.
MY amendment permits the abolitio
of the New York city commission, do
not restrict the Legislative power to pa
a rate bill, allows a Governor TO remo'
a commissioner without the approval
the Senate and preserves the statl
quo on the question Of court review"
II favor the Wickersham amen'
ment," declared Judge Clearwater.
- have long doubted whether the exper
mental stage of the activities of publ
service commissions had so far pass,
X that 1t was wise to make them Cons;
IN t~utional, irremovable bodies"
le Judge Hale insisted that the commi
V. sions should be protected in the Const
al tuition from becoming the Legislati
~ football of politics.
nj