New-York tribune., 1921-01-22
Miller Opposes
Too Much State
Welfare Work
Governor Tells Members Of
Bar Association That the
Tendency to Increase
Bureaus Is Uneconoinic
Favors Some Movements
Says Overlapping Powers Of
Cities, State and Nation
One Cause ofBig Expenses.

One Cause ofBig Expenses
+ Paternalism "in the state or Federal
government. as shown by what he
called tendency Of public officials to
increase public welfare bureaus, was
attacked as uncconomic' by Governor
Miller before the New York State Bar
Association at its forty-fourth annual
meeting held, yesterday at AZ West
Forty-fourth Street. 's,:
!. Governor Miller declared that he,did
not'wish it to be understood hethonght
some Of the movements unjustifable.
But" he added, II do want to say
that If the state undertakes to put
crutches under the arms of it's .oiti-
zens it will have d population of Grip
Piles. If it undertakes to place a nurs-
ling bottle at the mouth of our people.
from infancy to the grave, we will have
a race of children" ~.
Three hundred. prominent lawyers
applauded the Governor. AS president
Of the association he opened the meet
ling, with a discussion Of l"Pretsing
Problems Of Government" SomA Of
these problems, he said, were arising
out Of the high cost Of conducting pub
lie affairs, thes. extension of state au-
thority over municipalities and Of Fed
era1 authority over the state. and ten
dency of one governm entail departm ent,
to overlap another or of the legisla-:
tive, executive and judicial depart,
ments. to become less distinct. a'.~ h.
~-rr7 Tendency to Centralize Power
"Due to..a[ variety of causes there
has been going on for. many years q,
/ Steadily 'increasing' tendency to cen-
tralize power and authority eaby the
diversion of ita:A.xirst, from the locali-
ties to the state; and, second, from
the states to 'vhs Federal governing ~
continued the Governor. 'The great
extension of Federal power has been
under The commerce clause of the Fed
eral Constitution, and as practically
all commerce is' how interstate,s con
additionally at feast, the Federal gov.
ernment may take unto itself about
what power it pleases with respect to
any matters properly pertaining co the
regulation of mmerce. That was
Illustrated recently in the prosecution
in the Federal courts here ofspindict-
the building trades, which of all things
you would expect to be local. in o
Nov, this extension of poweE under
the commerce clause, some of which
is necessary and some of which is
made an excuse, or is done because
the commerce clause is used as an
excuse, is undoubtedly the chief cause
of the great Capitalization Of power
in the Federal government and the
breaking down Of state power.$ q
"It seems, if not absurd at least
Federal commission should have juris-
diction over rate matters, and that
state tribunals should also have isimilar
jurisdiction over rate mattersis That
is question Of conflict of authority.
It presents d question which is NOW in
process of determination" AZ ~
Criticizes School Budget
Speaking Of the tendency Of munich
palities to shift their burdens. to the
state the Governor said: n -
"In this city recently the Board Of
Estimate eliminated from its budget.
an item of $27,000,000 for schools and
appropriated only enough to run the
schools until summer, on the theory
that somehow the schools would run
because they would have to run, and
apparently hoping if the locality did
not attend to it the state would,
thus. undertaking to shift to the state
the responsibility Of the locality. It
was not realized that if that rule were
to be adopted, and if the state were
to undertake the maintenance of our
educational system-and it has started.
to do so to a large exte THE results
would be, SO far as the City Of New"
York is concerned, that it would not,
only pay for the maintenance of It's
schools, but would help in large meas,
ure to maintain the other schools of
the state, due to the Capitalization Of
wealth and property in this commun-
ity; XIV. , w.. ,..n s.,,a,,.. -. 49,. :,
ministrative agencies, from the munich
palities to the state, and to the Federal
government, until we have reached 9
situation in this country where il It.
was not for the power Of taxation all
of our governmental agencies. would
be bankrupt. We ara only solvent be-
cause the, power to tax Is the power to
destroy, and the power of taxation IL
actually being exercised now to an
extent almost of destruction. ~
:, "The- conclusion would seem to be
!, IIIcSlStIDie LnaC we need TO reverse
that policy. With it has grownsup the
most remarkable duplication Of work
by localities and the states and the
Federal government. They now all
have agencies undertaking to do pre-
cisely the same things, and all at the
expense of the poor taxpayer"
/ Oppose Primaries for Jrdgeships
The association adopted d resolution
favoring Legislation for the removal Of
judiciary candidates from the! OPERA
tion Of the direct primary law. The
executive committee was authorized to
propose measures.
1t was said that Governor Miller con-
templates sending special message
to the Legislature on the Issubje
Francis w. Scott, formerly Justice in
the Appellate Division, invited the
Governor to express his views, but the
/ latter declined. =
|, Frederick w. Hinrichs, of Brooklyn.
offered resolution to give the Cover
nor power to appoint justices. 1t was
referred to the executive committee
George Sutherland, formerly United
States Senator from Utah, spoke be-
fore the association at it's annual din
ner at the Astor last night. 4ae de-.
clared' that popular government was
being threatened by three causes-aA
increasing domination of the Execu-
tive over Congress, the increase Of
bureaucratic government and a bur-