New-York tribune., 1921-01-25

principle in any legislation increasing
transit rates.
t. That observation implies no per-
sonal reflection. Its inability to deal
with such problem as this results
from the very nature Of the organiza-
tion of that body and the mass Of mat
ters with which it deals. A Public
Service Commission with all the power
under the rapid transit act and all the
power necessary to deal with the prob
lcm' reserv ng to the city the power to
give the constitutional consent to
routes and of course, to pledge the
credit of the city, appears. to me to be
the manifest solution.
to be sound. But in stating them,
after much reflection, | merely desire
to invite your consideration of them
end to focus public attention upon
them. The vital thing to do at the
moment is to create the agency to deal
with the problem, with ample and un-
divided authority and responsibility
The necessity Of doing that does not
appear to me to be open to debate
That agency, when created, must work
out a plan from the ascertained facts
uninfiuenced by any prejudgments or
predllectlons whatsoever, and I have
said nothing with the intention of in.
fuencing the ultimate decision, with
the single reservation that that de-
clsion must be in the public interest.
Problem Is State Wide
"There is good deal of loose talk
about home rule in connection with
this subject. The problem is not q
local problem. 1t is q state problem
statewide in Importance, and can only
be solved by the exercise of the police
power which resides in the state Leg
islature. 1t matters not whether the
city owns the subways in it's govern
mental or proprietary capacity. In
either capacity it is merely discharging
q public function over which the state
in the exercise of its police power has
control. There are two great problems
Of transportation in and about the
City of New York. One is the problem
OF transportation of passengers, with
which we are now dealing. The other
is the problem of the transportation OF
freight involved in the port develop
ment problem, on which i hope to adj
dress the Legislature in the near flu
ture. Both are of general state con.
Germ, and neither can be properly
solved without the exercise Of state
power. I believe in the greatest exer-
else of home rule compatible with good
government, but the public interes,
must always be kept paramount, anc
when state power can be effectively ex.
ercised only by the state it ought not
to Re delegated to mNn'c'~rlit'or
"The regulation of public utilities is
from the nature Of the case state
function, and the power of regulator
must be undivided to be effective. Tns
ste te '"7af h ~ G l.
ing with the particular problem al
hand to draw back now. The respons,
bility already has been assumed. Ths
deplorable condition of transportation
in the City of New York which hav.
;nadequately described, and the darl
prospects ahead if no relief is found
preclude the thought that either The
Legislature or the Governor shoulS
evade or seek to shift their RESPONSE
bility.
Board Would Control Transit
"Were it not for the unique charac
ter of the transit problem in New
York, should recommend that all pub
Ger the jurisdiction of single stat
power, regardless Of any local author
ity, except in 50 far as the constitu
tion has vested power in the localities
Apart from the fact that the polio.
pc r. OF tfe stn e Nus
judicial powers should be vested in al
IMPARTIAL tribunal. A tribunal respon
sible to local authority cannot be ex
pected to Re lp ta, i ~ j Sc
and experience has shown that sucl
tribunals are subject to local feeling:
and prejudices. The vesting of sue.
powers in them is like submitting {
controversy to one of the parties to it
~ do recommend that ali p~blit
utilities be placed under the jurisdic
tion of one state commission. except
that commission be created for the
ton over TIE single subject of transit
in that district. / make that excep
tion not only because the problem is
unique and complicated but because
entertain the hope that public spirited
men. who might not be willing te
Undertake the regulation of pubic
utilities generally. may be found tx
undertake particular service. 1t is
no eXaggeration t. cay that that serv
ice will require the highest order oi
intelligence, fairness and bile spirit
to which any citizen may be called ant
: that it affords an opportunity for dis
! tingrished public service the like Of
which is rarely presented.
Three op Commission
"I recommend that a comm 'ssion o1
three be created with comp etc jrris-
diction over TIE subject of transit ir
the 1st, District, that the power
under the Prblc Service commissi ms
law and the rapid transit act be trans.
ferred to it with such amendment as
further study may suggest and that
the former Independence of .tnunicinaI
control be restored regardless of this
provisions Of local consents or prior
contracts.
II further recommend that jurisdic.
tion over all other public utilities ir
the state be conferred on the present
commission for the I'd District. Five
commissioners for that work may be
necessary.
III alao. recommend that the Public
Service Commissions law be amended
50 ss to make the rules uniform as tc
all public utilities. including the power
to suspend rates pending hearing and
determination. In view Of the time
REQUIRED for some rate determinations
there should dorbt!ess be power tc
prescribe temp rary rates pending
such determination, with such safe.
guards az may be prescribed by the
commission, and complete power should
expressly be vested in the commission
regardless Of local consents or con.
tracts.
Takes Up Gas Rates
Il invite yovr particular attention to
the subject Of ras rataa Act. ~ ~,