Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1920-05-03
UTILITY BOARD
ON TRIAL TO-DAY
Charges of Jersey City Against
Commission Being Heard by
Governor Edwards.
Bu Special Correspondent.

By Special Correspondent.
, TRENTON. May 3.-The first skir-
mish before Governor Edwards at the
trial of the Public Utility Commits
sioners today was precipitated by the
objections raised by counsel for the
board members to the governor
hearing proceedings. Josiah Stryker,
representing commissioners Slocum
and Gaul contended that the section
of the public utilities act under which
! the hearing today is being conducted
is unconstitutional because first 1t at
tempts to confer upon the governor
lpowers vested in a court of impeach-
ment and second because it gives him
judicial authority which the legisla-
] ton reooSes in the courts. Further
than that. Mr.. Stryker declared. the
act provides for the removal of the
board for neglect of duty and miscon-
| duct in office.
The charges brought by Jersey
City" declared counsel, make no
claims of this character. They all re-
i fer to the action of the board as 8.
whole and criticize only matters of
/ Judgment and decision of the board.
They charge no wilful misconduct.
Judge William /. Lewis for Com
missioner Wright and " c. Palmer.
for Commissioner Knight raised SINH
lar objections Edward Hermann.
counsel for the board. is also present.
| George J.. Record, counsel for Jer-
sey City. replied to the objections.
"All the points are of legal charac--
ter and were raised by the board in
its application for a writ of review
before Supreme Court Justice Par
the application and the governor has
nothing to do with them here. they
are matters for the court to decide.
| Furthermore. If the contention
| about the governors lack of judicial
power in this proceeding is correct
then your board is out of office be-
| cause the same act confers upon 1t
wide judicial powers"
The members of the utility board
lwere due to appear before Mr.. Ed
| wards to defend themselvs from loss
| of office as the result of the charges
| lodged against them by Jersey City,
the charges being based upon the
recent rate increases granted utility
companies by the board and earlier
actions regarded by Jersey CITY as
| tending to prove negligence and mis-
conduct sufficient to warrant the Gov
ernor in removing the board members
| from Office
Proceedings today were expected to
be similar to those taken in the case
of Montclair against the utility board
last fall when the testimony was
|
\ who later on dismissed the charges
At that time Mr.. Runyon declared
he could findeno dereliction of duty
upon the part of the board. but de-
clared it his opinion that the board
had lost public confidence and eriti
| cised the calibre of some of the
appointees.
Jersey City'a complaint, while es-
sentially the same as Montclair's goes
1 int n O a IN no EfrnG hpf1
that filed last year by the Essex
county municipality.
| In view of the utility boards claim
| In its answer to the Jersey City
charges that Governor Edwards is
not the fitting person to hear the
complaint because of his campaign
utterances of last fall. 1t was thought
here today that, in the event of the
lboard members being found guilty and
kousted by the governor, they may at
tempt to carry the case to the state
courts for review. This would raise
nice constitutional question as to
| the right of one of the co-ordinate
branches of the government to pass
upon the acts OF another coordinate
branch.
| The members of the utility board
are John w. Slocum, Long Branch; ;
George F. Wright, Paterson; Andrew
Gaul, Jr.. Bergen county, and Harry
L. knight. Burlington county. Mr.
Slocum is the chairman and only
Democrat on the commission.
The salary of each commissioner Is
$500 year. The term of Mr.. Slo-
cum has a year yet to run. Mr.. Wright
would go out of office In 1924, and
Messrs. Gaul and knight were ap-
pointed year ago to serve until 1925.
the full term of a member of this
body being six years. The vacancy
on the board was caused by the resig-
| nation some months ago of Alfred S.
March, Republican. of New Bruins
wick. He stands ready to attend any
hearings given by the Governor to
pass upon the acts of the board during
the period of his encumbency. He
served from 1917 until early this
year. .
When the assembly resumes activ-
ity tomorrow evening it is expected to
take up the cudgels again against
Governor Edwards and override his
veto on the Allen bill to provide a
Republican controlled commission to
value the property of the Public Ser
| vice and other utility corporations.
The senate has already passed the
bill over the veto, Senators Runyon
of Union, and Bright of Cape MAY.
refusing to follow their Republican
colleagues however and voting to
sustain the veto.
The Republican majority in the
legislature has passed the buck" to
use the yernacular. to Edwards on
| the bridge and tunnel bond bill. The
majority has sent to him q $2S,0OO,-
, 600 bond measure with a direct state
tax clause, which he is against. If
he vetoes it, as he is expected to do,
the G.. o. =. lawmakers will either
pass 1t again over his veto or let it
die and blame the governor for the
failure of the legislation.
This starts the seventeenth week of
the session and for the first time in
five years has it run into the month
of May, the last time was In 1915 and
that was when Governor Fielder CALL
ed the lawmakers back for a brief
special session.
Passage of the appropriation bill
by both houses is scheduled for this
week, in the assembly tomorrow
evening and in the senate. Wednes-
day.