Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-30
SOMETHING NOT TO BE OVER.
LOOKED

SOMETHING NOT TO BE OVER
LOOKED
A feature of the regrettable con-
troversy which has arisen between
the Governor Of the State and the
chairman of the Public Utilities Com
mission, and one which should not be
overlooked, is the emphasis placed
on the importance and integrity of
the commission itself That Court must
not be subjected to injury because of
this controversy. If there is not suf-
fscient protection in the present law,
further legislation should be had.
It may help to this end if we con-
slider two aspects of the controversy
separately. one as a personal issue
between the Governor and Chairman
Cleaves: the other-and of far great
er Importance to the public-as a
question of the propriety Of the dual
position now occupied by the chair
man of the commission.
With regard to the first it is not
denied that Judge Cleaves has at
tempted in no way to conceal his po-
sition. that he told the Governor
frankly what he was doing and was
not advised to do otherwise, that he
appeared at several hearings in his
capacity as counsel of the Associated
Industries and no question was raised
until he had appeared in opposition to
state ownership Of our water powers,
a. proposed in what is known as the
Baxter resolve. It is commended in his
behalf that in no instance did his
acts in the dual capacity of COM
missioner and counsel interfere, that
he was acting within his legal rights
and that when ordered to resign be-
cause Of having done 50 he was COM
PEELED in self defense to refuse and
await any charges which the Govern
or might prefer against him.
No one win deny that it is the
Governors duty, if he thinks there
has been illegality in Judge Cleaves'
procedure to have charges brought
and with the executive council sit as
a court to consider them. The per-
sonal phase of the situation has been
embittered by the fact that the Gov
ernor, who would sit in judgment If
these charges are to be brought, has
seemingly disregarded the judicial
attitude in publicly declaring that he
should not cease his efforts until the
ONCE of chairman of the commission
was vacant.
That statement as applied to his
duty toward the Public Utilities Com
mission appears, however, in another
hight, whether or not so intended. It
10 an important fact, that however
much credit is due Judge Cleaves for
excellent service on that commission,
the good repute of that court is above
the interest of any one man, and
requires that he shall not longer act
in the dual capacity of commissioner
and also counselor for the Associat-
ed Industries. It is Governor Bax-
ter's duty, irrespective of his previ-
Gus negligence, or whatever it may
be termed, to insist that this condi-
ton shall not be permitted to con-
tinue. And when this shall have been
done all parties concerned should
come into . clearer comprehension of
what the Public Utilities Commission
realty stands for.
And in considering this phase of
the resrettable situation we are re-
minded that precisely this clearer
comprehension seems to have been
sadly lacking; that the principals in
the controversy were themselves I'M
aocountably lacking in their percep-
fion Of sae proprieties. The third
party. the public is not overlooking
it. Though it does not appear that
Chairman Cleaves neglected his du-
ties ~ commissioner, though it is not
to be supposed that anything i'm
proper was intended. nor has it been
provsn that any illegality was COM
mtttsd. the man in the street is ask
ing himself whether 1t 10 proper for
ono TO be q member Of a body which
might be called on, for instance, to
decide on intra-state railroad rates
OF the one hand and act as counsel
for Industries to be materially az
fssAsd ~ those rates. Will not his
answer be. as expressed by the Gov
ns9. that it is impossible to serve two
mastsrs. Notwithstanding the sur
prising fact that tho Governor did not
discover that until after Judge
CeeWo0 had opposed q measure in
which The former was interested?
Aaotlsse surprising thing is that the
Judga. who expressed himself 90
solicitousay about the choice of a
'Ropse" person a. his successor. did
~ appsar equally solicitous respect
auw 1Ae propriety Of his dual service