The New York herald., 1921-02-26
Abrogation Of Contracts Is
Not Sought, Only Enforce
ment by State Power to
Fullest Extent.
PROTECTION FOR CITY
Prefers Appointive Boards
to Elective Ones-NOt Set
on IL Year Terms for
Commissioners.
COURT DELAY DISCUSSED
Governor Thinks Hylan Re-
gime Could Not Seriously
Hamper Preliminary Plan
ming of Reform.
Special Despatch to THE NEW YORK HERALD.
New York Herald Bureau,
Albany Feb. (

rfftfut DtcPutih " LIE ANh" hS~N N'1-nbD'
New York Herald Bureau.
Albany, Feb. 25.
Gov. Miller cleared away to-day
most Of the troubles bothering muni-
cipal officials who are opposed to the
transit bill now before the Legisla-
ture. In answer to criticisms made
yesterday by the corporation counsels
OF twenty-five cities, the Governor
said that such opposition had been
anticipated and discounted and that
Its expression did not alter the situa-
ton in any degree.
All of the proposals of the Mayors
and their legal advisers will be
weighed and in every detail wherein
they can improve the bill their
recommendations will be woven into
amendments. But the Governor said
it was only human nature for Mayors,
like Governors and all other officials,
TO oppose giving up any Of their
powers. The city officials do not see
the proposal right, that Is all. he
said.
"The main contention of the munici-
pal officials that the State proposes to
abrogate contracts is, of course, en-
tirely wrong" Mr.. Miller said in a long
interview in which he cleared up many
involved points ",rherc is no abroga-
ton OF contracts; that term has been
misapplied and has caused misunder-
standing. The franchise terms are all
to be observed and applied, but applied
under great and more effective power
than the city can exert. The city is
fmiiy protected
Explains Bill for an Hour.
Standing beside his desk in the Ex-
suutfve chamber. the Governor dis
,ussed for nearly an hour the transit
bill and the criticisms and suggestions
made by the legal advisers of cities.
He is not dead set on fifteen years
.erms for commissioners, he said, but
declared he favors an appointive COM
mission the same as he would prefer
having an appointive judiciary. The
whole modern trend in dealing with
public utilities is toward monopoly and
away from competition, he added.
One amendment already being pre-
pared is that the State Commission may
not be named for ninety instead of thirty
days.
The Governor said he wanted to give
the present Public Service Commission
ers time to decide tho cases now pend
ing, including the New York Telephone
Company's case. before the new COM
missioners are appointed. This. how
ever, does not apply to the New York
Transit Commission, as there are no
pending cases there.
When informed that the main objec-
ton pressed against his plan by the
Corporation Counsels was what has
been popularly referred to as 'the abro-
CATION of franchises Gov. Miller ex-
plained that when most of the existing
franchises went into effect the State was
not exercising its powers TO regulate
them. This power the State now as
sunes 10 exercise In accordance with
the terms of the bill.
When the Governor was asked how
long the Hylan administration would be
able 10 delay action under the Knight
following its enactment. he said:
II am not a prophet. OF course.
cases can be expedited and they can be
DELAYED. suppose II would take AZ
least a year, probably, with reasonable
despatch to get n decision In the SUI
preme Court OF the United states. II
would take considerable despatch TO do
that. Sometimes more time than that
has been taken
Transit hoard Would Function.
IN the meantime would the Transit
Commission Junction. he was asked.
.''i think so he replied.
The Governor was reminded that the
United states Supreme Court has laid
down the rule that the highest court IN
any state interprets the constitution ~
that particular state. lie was asked.
in view Of this. IL Il would be possible 70
ask the United states supreme Court ~
determine whether the state has tne
right to exercise its police powers In con-
ncction with the transit situation.
"It would be possible to take one ap-
peal" the Governor said because a
Federal question can he raised. but on
any such question such as the power oi
the state over municipalities in me
state the Supr eme Court accepts the law
of the state as determined by its highest
court (Court OF Appeals) or course.
would think II very remarkable " any
Judge would enjoin the preliminary work
OF any commission until II got down %
The point that, something was 10 bc done
that was illegal. or claimed % be illegal.
"For example. this bill provides for
method OF procedure. the formulation Of
plan. submission OF plan TO the city ad-
ninistration. The complaint Is made Of
authority to act without the approval of
the local administration. ] should think
Il strange II any Judge would grant a.
Co~finued on Fourth PoOa.