New-York tribune., 1915-02-27
P. S. c. REPORT
MAY NOT ATTACK
COMMISSIONERS
Committee Members Split
Over What to Say to
the Governor.
REMOVALS, SOME SAY,
SOLELY HIS AFFAIR
Dislike Grand Jury Attitude In
Characterizing Any Commits
sioner as Inefficient.

SlOHCI dN iuN lin IL III
There Is sharp division among the
members Of the legislative committee,
which hopes TO complete tomorrow IT'S
Investigation Of the Public Service
Commission, as 10 whether they ought
20 grant the request o: Governor W MT
man for conclusions as 20 the c'5ciency
or incficicncy OF the comm lsSlonerS.
After 8 somewhat heated executive
session az the Hotel Biltmore last night
resolution was passed providing that
the committee should az once prepare
q report on the investigation here and
forward il 20 the Governor mex; week.
A majority Of the members feel that
II is no part OF their duty as lcgls.a-
tors 70 draw conclusions as 70 the
efficiency Of the commissioners from
Tn evidence they have gathered. Sen
ator Thompson is Of this opinion.
Colonel William Hayward, counsel,
contends that the request Of the Gov
ernor is proper anl should hc complied
with He thinks the report can be so
drawn as 20 answer the Governors
questions. Without question there will
be a tussle between the two factions
before the report is finally adopted.
Dislike Grand Jury Role.
A subcommittee 70 draft such q re-
port and present IL to the full com
mittee not later than Wednesday was
appointed IL consists OF Chairman
Thompson. Colonel Hayward, Senators
Mills and Foley and Assemblymen
Meier and McQuistion.
Members Of the committee have no
disposition 20 withhold from the Gov
ernor any information that he may de-
sire, but most Of them take the posi-
tion that they should not be compelled
90 state conclusions that any individual
commissioner was inefficient. In other
words. they do not wish TO act as a
grand jury and draw an indictment
against anybody.
They declare that their function as
q legislative committee is to make find
ings of fact on which needed changes
In the law might be predicated. II
these findings form a basis for the re
mova Of any commissioners by the
Governor that rs his preTogatlvc solely.
The committee believes the Governor
will find plenty of material IN their
report upon which TO act.
A letter was sent 10 the Governor
last night stating what action had been
decided upon, and informing him that
the report on the 1st District Commis-
sion should be in his hands this week
At the close Of the executive ses-
sion Senator Thompson. in the pres
ence of Colonel Hayward, said:
an regard 10 the request OF the
Governor we thought we ought to go
over the record, and If he wants a
complete report he ought to have it.
Ii will be q final report on all matters
relating TO this commission, except
such as are related 10 the upstate
commission, such as transferring part
OF the jurisdiction Of the latter and
giving il to the commission here
Are you going TO draw any deduc-
tons from the facts .' the chairman
was asked.
"Not IN the language Of the law,
said the Senator. reading the grounds
on which the Governor could remove
ineffciency, negligence, misconduct in
Office.
To Leave All to Governor
Are you going to say that any o.
the commissioners are inefficient"
"lf IN the record any Of the commits
Hioners have acknowledged any derellc-
ton We shall bring 30 out If you are
trying to find out whether We are gong
20 state any conclusions upon which
removal could be based ! viii answer
your question with mo- because We do
not wish TO usurp the prcrogatlye OF
the Governor by pIeJudgiuS the case
against any man
Then YOU are not going TO answer
The Governor question as TO whether
YOU have found any members OF the
commission who have been inethcien;
End have neglected their duty'?'
Just Rt this point Colonel Hayward
broke in TO say:
The committee has decided that q
report could well be made at this time
and that the transmission of such q
report would answer the questions OF
the Governor better than We could do
it in a letter. There is no doubt that
the report will be complete answer
90 the Governor questions
"All the Governor wants US 10 do Is
20 report the facts" said Senator
Thompson. III We say a man has beer
inefficient or negligent We would be
prejudging his case ! would be willing
10 ssy now there has been procrastina
ton"
Il think the report Of the committed
should contain the conclusions Of th'
committee" replied Colonel Hayward
"The resolution under which We arr
working provides for an inquiry int
and determination as TO efficiency
The language Of the resolution re
uuires the committee 10 inquire int
the organization, powers and duties o
the commissions and the admnistra
ZION OF the same with view 70 estab
fishing what chsnges are necessary n
the law 20 increase the efficiency Of tn
com omissions.
II rs the opinion OF lawyers that j
will not be necessary for the Governo
20 have formal charges filed before hin
in order 20 remove any Of the commls
sioners. He could serve copy OF tn
record Of the investigation on then
nrh rcnnirc fhnm to answer within tel