New-York tribune., 1921-03-03

sprung a surprise on the committee by
fltlng an opinion rendered by Governor
miller when the latter was a member
Of the Court of Appeals in support Of
the allegation that the Governors pro-
gram was violation of the funda-
mental law of the state.
Ihls occasion was not overlooked" by
the veteran campaigner, who so used
the situation that he was accorded a
goodly hand
police power said the Senator, "is
sometimes frail thing. Sometimes
as IN this bill, it takes unto itself a
strehgth that Is all embracing and may
place at its feet the greatest CITY in
all the world. Sometimes the police
power isn't great enough to protect a
people against the sale of theater
tickets, and on the other hand, it NAV
be strong enough, this tremendous
power, to say that a city shall not
govern itself, but that the state, with
the strong arm of power, will enter
INTO the greater limits of that city and
take over its very property and it,
very municipal life"
This reference to the veto bv the
Governor day ago of the Walton hill
limiting the profit to theater ticket
spectators was received with storm
Of applause by the opponents of the
Governors utility bill, which invokes
the police power of the state in abro-
eating contracts.
Argument on Five-Cent Fare
Hc then argued that a five-cent fare
was property right, and referrino IN
the drastic public utility bill PASSED
by the State of California. and which
nc signed as Governor, Senator John
son said:
Yes, we passed such a bill, ewing
the rallroad commission almost un-
limited powers, but we did it with the
consent and by the votes of the cities
or California; And it was not made
applicable to the cities of the state
until all the people themselves passed
upon the question and the people them
selves voted that that should be the
fact" E''O
/, Senator johnson then argued that
the people of the City of New York
should be given an opportunity TO vote
on the question, especially in view
of the fact that the plan of having the
city invest its $30O,000 900 in subway
construction was put to referendum.
lie said all the bill permitted the
city IN the way Of liberty of action
was permission to foot the bills of
the transit commission which can force
the plan it decides upon on the city.
He said the bill brushed aside the
constitution as readily as it was done
III the days of those who used to saw:
Whats the constitution among
friends 2"
John ?. O'Brien, Corporation Coun
sci of New York City, next spoke
against the bill. He characterized it
as raw and radical proposal and vio-
latlon of every home rule principle,
and condemned the Governor for his
"Hlppant. unhappy and discourteous
language in declaring that some of
the critics of his bill who criticized
1t because it violated the cherished con-
ceptlon OF home ruiz talked and
thought loosely. He called the bill
inlquitous.
Others Assail Measure
Assistant Corporation Counsel R K.
Robert, of Buffalo, also attacked the
bill, as did Comptroller Charles L.
Craig of New York, Mayor Carlson of
Jamestown, Corporation Counsel Dan
aher OF Elmira, Mayor McNulty of
saratoga, President la Guardia Of the
Board of Aldermen and numerous
other representatives. of the leading
citlos, including Schenectady's Mayor,
the Rev. George r. Lunn.
There was held this morning in the
City Hall here a conference of the
Mayors OF the cities of New York"
said Mayor Lunn. "There was held