New-York tribune., 1921-02-16
State Wide Commission
Given Right to Cancel
Rate Schedules, Even
Those Provided by Law
Burden OF Proof
On Corporations
Upstate Cities Having
Fare Agreements Put on
Same Basis as New York
Fron, a SOD Corresponaen.

@A@N L, l Gu 4o.--GONernOr
Miller tonight made public addi-
tional sections of the bill which will
be introduced tomorrow legislating
the present Public Service Commits
slons out Of Office and establishing
in their stead a transit commission
having jurisdiction over the New
York City transit corporations and
statewide public service commits
sion, having equally sweeping power
over all other public utilities in the
state.
Under the provisions of the bin
all upstate municipalities having
rate or fare contracts with public
utility corporations are placed on
the same footing with New York
City in the matter OF fares, rates or
charges.
The bill provides that the state
wide commission, after a hearing.
shall determine just and reasonable
rates, Notwithstanding that high
er or lower rate, fare or charge has
been heretofore prescribed by gen
eral or special statute, grant, fran
chise condition or other agreement.
The New York Transit Commission
will have supervision over all New
York City transit matters. The Pub
lie Service Commission will have iur-
isdictiOn over all other public utili-
ties. Both have the same broad
grants of power to abrogate contracts
and to fix fares.
The measure re-enacts, SO far as mn
state is concerned, the law providing
that where a railroad or transit com
pany applies to the statewide com
mission for an increased fare, the
burden of proof to show that the in
crease is just and reasonable is upon
the corporation. All the other pro
visions of the present law bearing
upon this subject are repealed in the
proposed legislation.
Made Judicial Tribunal
The measure in other respects car
ries out all the recommendations Gov
ernor Miller made TO the Legislature
in his special message. The terms of
commission are made fifteen years,
and the same safeguards respecting
the removal of members of the Su-
preme Court bench are thrown around
them. This, the Governor, believes.
will raise the Public Service Commits
sion to the dignity of judicial tri-
bunal, and remove it from the influence
of politics.
The transit commission for New York
City will consist of three members, ali
residents of the city. Their terms will
be five years. They will be removable
by the Governor after q hearing on
charges. The members of the upstate
commission may be removed only BY
two-thirds vote of the Legislature
Governor Miller, in discussing the
bill with the newspaper correspondents
tonight, was asked if he had as vet
determined upon the men who will sit
on the commissions.
Not yet" said the Governor
Under the provisions of the bill,
could the commissioners, immediately
on being appointed, raise any rates or
fares they so minded without giving q
public hearing?"
Yes" replied the Governor. "But
who ever heard of any sort of com
mission doing any such thing?"
The principal sections of the bill
follow:
Section 4. Public Service Commits
sion established; appointment: ra-A
moval; terms of office. There sail be
public service commission, which
shall possess the powers and duties
hereinafter specified and also all now
ers necessary or proper to enable it to
carry out the purposes of this chapter
The commission shall consist of five
members, to be appointed by the Gov
ernor, by and with the advice and con-
sent of the Senate.
"A member of the commission dee,g-
mated by the Governor shall, during hig
term of Office, be the chairman of tho
commission. Upon the appointment of
successor 10 the chairman the Gov
ernor shall designate such successor or
another member Of the commission ss
chairman.
Terms of Fifteen Years
"The term of office Of commissioner
snaIl be fifteen years from the first dav
or FEBRUARY of the calendar vaar in
which he shall be appointed. except
tnat the commissioners first appointed
shall De appointed for such terms that
tie term Of one commissioner shall
sxplre on the first day of February,
19G4, ana the term OF one commission
er snail expire on the first day of Feb
ruary of each third year thereafter.
Vacancies shall be filed by appoint
ment for the unexpired term.
"A member of the commission NAV
be removed by concurrent resolution
OF both houses of the Legislature il
two-thirds of all the members elected
To each house concur therein. A mem
her shall be removed only for cause.
which shall be entered cs4 the journal
and he shall be served with state
ment of the cause alleged and shail
have an opportunity to be heard. On
the question of removal, the yeas and
nays shall be entered upon the iour-
nal
Section "A. Transit commission
established, appointment, term. re-
moval. There shall be a transit com
mission for cities containing popu-
lation of more than ! coo 900 inhabi-
tants, according to the last preee5iTs.
Federal census or state enumeration.
Thleh shall possess the powers sna