The New York herald., 1921-01-26
Loose Thinking as Well as
Loose Talk He Blames
for Misdirected Off
ciaI Activities.
LEGISLATORS TO CAUCUS
New York City Men May
Fight Plan, but Total Vote
Is Minority of Senate
and Assembly.
Special Despatch TO TIE NEW YORK iiLs.Lp.
New York Herald Bureau.
Albany. Jan. -.

Special Despatch to TIE New YORK HEs.Lp.
New York Herald Bureau.
Albany, Jan. -.
Gov. Miller told Mayor Hylan ard
other members of the Board Of Esti-
mate when they met to-day IN the
Executive Chamber that they we're not
only indulging in loose talk. but were
thinking loosely by insisting that the
Legislature was robbing New York of
the right of home rule in dealing with
transit and other public utilities is
sues
The Mayor and his associates came
up 10 urge the Governor to back their
request to the Legislature for author
ity to operate municipal bus lines.
They spent an hour facing the Gov
ernor and when they went away they
knew that Mr.. Miller was not going to
help them. They also had a clear view
of what the Governor thinks of the
city's transit plight. Evidently the city
afternoon. The bus bills are as good
as killed.
This plain talk. amounting almost
to q fat showdown between the Gov
ernor and the Mayor. was the climax
to a day OF swift Developments I'm the
transit situation. The New York dele
CATION seized upon tho Governors
message as the challenge to the
eight cent fare battle. and sensational
charges were made in the Senate con-
cerning the Brooklyn Rapid Transit
receivership.
WouId he n Minority Probably.
The New York Senators and Assem-
blynen continued their effort TO organize
as a unit 70 oppose the Governors policy.
The upstate organization appears to be
soldly behind the Governor. so that even
II the sixty-tfree Assembymer and
tv-enty-three Senators from New York
city are able 20 perfect a working tran
sit agreement they probably will be only
a minority.
Gov. Miller listened while Mayor Hy
Ian. Henry II. Curran, Borough presi-
dent Of Manhattan; +. Fl. La Guardis
President Of the Board OF Aldermen the
other Borough Presidents and Commits
sioner Grover whalen presented argu-
ments showing why they believed the
city should have power to go into the
bus business.
IT am glad to hear what you have to
say" the Governor began. slowly. You
can address an appeal 10 the Legislature
as well as ]. The fact of your coming
here shows how desperate is the citys
situation. From some cause the city's
transportation problem has driftcd TO
where IL is.
This is not question OF bus lines;
II is not a surface car elevated or sur
way question. II we are TO 20 on dcal-
ing with Il piecemeal az bus OF some
other question we are never go.ng 10
Get anywhere. There must he one corfe-
lated power centred somewhere TO deal
with tho whole thing
"Thc Borough Presiden, Of Mauhsi-
tan has challenged my expression OF
loose talking on this subject Of power
oc regulation or public utilities. Wth
all respect. | think that there is not
only loose talking but :,c.-s thinking
about ii. and that the talk Of invading
or taking power from the city. which is
suggested here. is the result Of loose
thinking. both historically and legally
MY view IS that tho present ]fficul-
ties are due to the fact that responsi-
bility is now divided among at least
three agencies where | think there had
been but one Whether that Is an In
vasion OF the home rule powers OF the
city or not may be q matter upon which
there can DC possible differences Of opin-
ion. but legally there can be no differ
cnces Of opinion upon IL
Legislature Possesses the Power.
you SPEAK Of control or education.
Of course. that Is a state function bu,
the power 20 regulate public utilities is
part OF the police power. and as u
can be exercised only as a part OF lns
police power It necessarily iuheres in
The state and can belong nowhere else.
Undoubtedly the Legislature might dele
gate that power
Equally. the Legislature cannot dele
gate it 90 the extent OF depriving itself
OF the power of exercise because that
would plainly be the delegation OF
power which necessarily resides in the
state Legislature itself and nowhere
else
"Now. the truth IS. that it will be i'm
possible . find anywhere. either IN any
constitutional provision or 10 any stat
ute q delegation 70 any municipality IN
the state Of the power OF regulation o.
public utilities. The truth is that that
power arises and has created this con
fusion OF thinking. leading to what |
call loose talking. from an entirely dif-
ferent power
"The constitutional provision in the
Constitution Of 1875. which required the
consent Of municipalities TO the layins
" tracks In strects--the local consents
a. they arc called was not 2 dclera-
ton ~ any povcr OF regulation cf pub
nc utilities II imposed conditio', /,