Perth Amboy evening news., 1919-12-31
DISMISS CASE AGAINST
STATE UTILITY BOARD
(Continued from page 1l

NSOAAbAA1oSe BoAS
Montclair was represented at the
hearing given by the governor last
October on its charges by former
Congressman Eugene W. Leake, it's
counsel and its Mayor. Louis +. Dodd.
Former United States Attorney Gen
eral John w. Griggs, of Paterson, ap-
peared for the Utility Board, with i.
Edward Hermann OF Jersey City. the
boards counsel, as his associate.
Montclair specifically charges the
Utility Board with first, Failure to
consider the public interest,"; second,
1.-The arbitrary approval of the zone
fares without hearing and notice to
the municipalities; third. Approval
of the zone fares without appraisal of
the property of the utility and before
the submission of evidence of value
by municipalities"
Mr.. Runyon reviews the testimony,
the witnesses called for each side, and
the various exhibits in the way of
reports of the Utility Board and SO on
produced during the hearing.
He then states that the acts COM
planned of by Montclair, in his opin-
ion, do not constitute such neglect of
duty or misconduct in Office as Is con-
templated In the act providing for
removal of the Utility Board mem
bers.
''The chief grievance against the
board" says Mr.. Runyon. "is based
upon the fact that the zone fare sys-
tenn was inaugurated without q COM
lplete prior valuation of the companys
assets and liabilities having been
made. While 1 appreciate that for
the establishment of any permanent
system of fares. seeking to afford a
reasonable return upon an issue Of
capital stock, such prior valuation
'Would be imperative. I am led to the
conclusion in my hearing and reading
of the whole case, that the board in
the present instance was charged only
with the task of attempting to evolve
q scheme which should meet the rum
ming expenses of the utility company
during the emergent times through
which the company was passing; that
by reason of the award of the Nation
al War Labor Board increasing the
wage scale by one and t~hree-Quarter
million dollars per year, and great ad-
ditional fuel costs, h affairs of said
company were In a critical condition
and quick action appeared most ad-
Visable."
The governor does not pass upon
the Judgment of the Utility Board in
the matter of rates flxed. as that does
not enter into the charges. Finding
no trace of intentional wrong doing
on the part "of any member OF the
board" together with the fact that
eminent experts were consulted at all
times by the members, much testi-
mony taken, apparent care exercised,
he states he could not but determine
that the board stood acquitted on the
point that the zone fares were al
lowed without q valuation of the
Public Service Company's property.
On the question Of failure to no
fifty Montclair, the Governor points
- 49, @n4AIfnr Nhto nfhnr
municipalities, acting under the same
first notice which Montclair had, con-
tinued to appear at the proceedings
and were represented by Mr.. Frank
Fl. Sommer.
"In order to remove these commits
sioners of neglect of duty or m1Scon-
duct in office, it would be necessary
in my opinion to show thai they had
purposely failed to perform some duty
in the public interest" says the de-
cision further, imposed upon them
by statute, with the intent of improp-
erIy aiding the Public Service Cor
poration, or that they a arrived at
their conclusion in the rate making
case, not upon the evidence submit
tied. but because of improper inhu-
ence brought to bear upon them by
1.-The Public Service Corporation or
someone acting in their interest. NO
proof is offered to support such q
charge"
Mr.. Runyon also states that 1t was
pointed out to him that the clause III
the Public Utility Board Act giving
the Executive the power to remove
| the members after hearing was in
valid and tina the Legislature had nc
authority to confer upon the GOV
ernor a judicial power Of this kind
confined under the Constitution To
the courts and the Senate, acting as
a court of impeachment
Stating that there may be a ran
question of doubt as to the legal pow
or of the Governor to act. his decision
to exonerate the present board makes
II unnecessary for him to pass upor
this matter, says Mr.. Runyon, add
, ing: "As 1 have no desire to evade
the responsibility which the 1911 act
places upon me. and pursuant to the
provisions of which the officials o
| MontcIair. in perfect good faith, have
| brought their action.
Mrs. Charles Mindelen
Mrs. Gretta Mindeleff, WIFI OF
Charles Mindeleff, formerly OF 81
Rector street, died yesterday at the
Mountainside hospital, Montclaif
Mrs. Mindeleff is survived by hel