Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1920-12-28
n. ]. WITHOUT
UTILITY BOARD
The Deposed Commissioners
Take Matter to the State
Court of Errors and Appeals
UP TO THE STATE SENATE
New Board Named by Gov
ernor May Not be Con-
firmed by the Upper House
az special Correspondent.

TRENTON, Dec. 2srThe next
move In the various steps which
have been taken respecting the
pusted Public Utility Commissioners
q up to either the counsel for the
tour members, whom the supreme
court yesterday ruled out of ofhce.
or the state senate, which has pend
ing before 1t the names OF the five
new commissioners which Governor
Edwards sent to 1t sometime back.
II the old board members. Messrs.
Slocum, Wright, Gaul and Knight
take an appeal to the court of er-
rors from the decision filed yester-
Gay by the supreme court. 1t might
lct as a stay which would stop the
penate from acting on the appoint
PES to the new board when 1t meets
here on Thursday. rs per the call
Of the governor. II there Is no ap-
peal taken by that date. then the
question OF whether or not New
Jersey Is to have a utility board at
once to succeed the ousted board
will be squarely up to the senate.
II that body confirms the men
whose names Mr.. Edwards sent In
recently, the Public Service and
Trenton ten cent trolley fare cases
and other business can be taken up
Immediately: The Trenton case was
scheduled to open today before the
old board. but 1t has ceased to
function by the action of the su-
preme court yesterday In finding
that the Governors removal order
was a valid exercise Of his author
lty.
New Jersey has no commission
today before which to bring rate
cases, questions of service supplied
by public utilities and other mat
ters which come within the pur-
view of this body. The impressive
need for speedy action. therefore.
upon the part of the state senate
IS apparent, but a nice question of
legal procedure has arisen as to
whether a stay Will apply in the
went the lawyers for the ousted
BOARD decided to appeal from the
iecision of the supreme court to the
rrors court. the supreme tribunal
n New Jersey. This Is a mooted
question. 1t is known that In equity
Iuits when an appeal Is taken a
,tay always operates whereas 1t Is
he practice in common law proceed
lngs not to authorize . stay. The
utility board case Is a statutory mat
Ter and 1t is therefore debatable
whether 1t comes under the usual
.ommon law classification.
This being so. 1t would seem to
all for an exercise of judicial dis
.retion when the appeal is filed with
he errors court to determine
whether that step shall act as a hal
ipon any moves to install new
Utility board while the status Of the
I'D body is pending for determina-
hn before the last court in the
tate.
There is a feeling that the Repub-
ican majority in the senate will not
Ionfirm the governors new board on
Thursday, at least until the highest
,ourt has spoken, and IL a stay Is
ulowed pending the appeal from the
supreme court, then the old board
nay continue to function until the
rrors court decides its fate. If the
enate remains obdurate and there
s no stay granted on appeal, then
The state will go along without a
Utility commission until such time
Is the senate decides to act or the
rrors court hands down Its opinion.
If the appeal Is taken the follow
ng will sit to hear the argument:
Chancellor Edwin r. Walker, pre-
yiding Judge; Chief Justice Cf the Su-
preme Court William s. Gummere.
Associate Justices Swayze. Bergen.
Parker. Khlisch and Katzenbach and
Lay Judges Williams. Taylor, Gard
ner, White, Heppenheimer and Ack-
,rson, total of thirteen. The errors
SQUIRT Is made up of sixteen mem.
bers. but Justices Trenchard. Min
turn and Black having decided the
quo warranto proceedings in the su-
preme court cannot sit to review
their own decision rs members of
the higher tribunal.
One of the interesting questions
low Is what the new board, If 1t Is
confirmed as nominated by the gOv-
4 srnor. that is Treadwell Cleveland.
Newark: Col. Walter F. Whittemore,
Newton, Sussex county: former Sem
ltor James A. C. Johnson, of Bergen
county: former Assemblyman Ar
thur A. Quinn. Sewaren. and Con-
yressman James A. Hamill. Jersey
city. will do with the important jobs
lnder it's control.