The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-07
THE NEW CONSTITUTION.
WIckersham Discusses the Pro.
visions as TO Public Utilities and
Conservation.

Uss'
To nj EDITOR OF THE SuN-Sir. The
provision originally reported to the
convention by the Committee on Pub
ic Utilities continued the two exist
ing Public Service Commissions with
the powers at present conferred upon
them by law. subject to the right
of the Legislature to change or add
to the same. with the limitation that
"the Legislature shall not enact any
law prescribing "a rate or charge for
a standard service, equipment or OPP
Grafton for any public utility. until
after 1t has received from one Of
the commissions a report thereon
made after investigation and hearing,
at which interested parties may in
troduce evidence. or until after ex-
piration of such time following a re-
quest for such report as may be pre-
scrlbed by law" It was further pro-
vided that the decisions and orders
Of the commissions should be subject
to review by the courts. in such man
ner and to such extent as the I.egisla-
ture might provide.
The feeling in the convention was
strong that the method Of controlling
and regulating public service corpora
lions through the medium OF COM
missions exercising delegated legisla-
tive as well as administrative and
quasi judicial powers had passed the
experimental stage and had lemon
strated its great advantage over the
old method Of control OF this class Of
corporations by direct legislative ac-
ton. But the majority Of the con-
vention also felt that beyond provid-
ing in the Constitution for a con-
tinuance OF such commissions II was
not wise to attempt to tie the hands
Of the Legislature as to the powers
to he conferred upon them. nor to
restrict the Legislature in the ex-
ercise by 1t of the power to enact
such laws relating TO public utilities
as from time to time might be con-
sidered expedient. An amendment
was offered in the committee Of the
whole modifying the requirement that
there should be two commissions so
as to read hat there should be "one
or more" such commissions, leaving
the Legislature free to concentrate
the powers and duties Of the two
commissions into one organization, II
il saw At. But the majority OF the
convention considered hat to protect
the commissions from efforts at par
tisan control. through the enactment
OF so-called ripper legislation, the
Constitution should specifically con-
tinue two commissions. Accordingly.
by "A vote of SO to 80. the committee
of the whole adopted an amendment
providing tina there shall be two pub
lie service commissions, the commits
sioncrs to be appointed by the Gov
ernor, by and with the advice and
consent of the Senate. and to be re-
movable BY the Governor only FOR
cause. and after service Of a written
statement OF the alleged cause and an
opportunity 20 he heard thereon. and
that. until the Legislature shall. other
wise provide. these commissioners
shall exercise the jurisdiction and
powers at present vested in them. This
provision was subsequently embodied
in Section . of Article W., the
article which prescribes the depart
ments among which are to be dis
tributed the executive and adminis-
trative powers of the State. The
paragraph above quoted. restricting
legislative power and making the or
ders OF the commissions subject to
judicial review. was stricken out.
Only two of the forty-eight States
of the Union are without laws provid-
ing for the regulation Of public SER
vice corporations by commissions or
the general character Of those OF the
state of New York, and in the Consti-
tutiuns OF thirteen states such COM
missions are made a permanent part
of the State organization. Mr.. \. h.
Smith, one of the leading Democratic
delegate. to the convention, during the
course of the debates said:
Sow | believe that "a a matter Of pol
lev this state is probably to
the idea that regulation OF rates and the
fixing Of the standard and character OF
ihe service to he rendered to the people
by public service corporations is "A mat
ter Of state concern and Of State con-
troll, and think further that the people
would probably be satisfied to say that
sions with u delegation Of power from the
Legislature,
He, however, opposed the restriction
upon the Legislature against elimi
mating one of the two commissions in
the future. ON the other hand, Mr..
James \. Foley. another Democratic
delegate from New York, offered an
amendment striking out the words
zone or more" so as to make the pro-
vision retain the two commissions