New-York tribune., 1921-01-26

pletc power to deal with the problem.
My view IS that the present difficulties
are due, in part at least, to the fact
that responsibility is now divided
among at least three agencies, where
think there should be but one.
No Legal Differences
"Now, whether that is an invasion,
as the Borough President has been
pleased to use the term, of the home
rule powers of the city or not may be
a matter upon which there can be pos
sible differences of opinion; but, legal
~ there can be no differences of opin-
ion upon it. think, if one studies the
origin of that power and appreciates
precisely what it is.
"You speak of control of education.
or course, that is a state function, but
the power to regulate public utilities
OF all powers that exist, is a part of
the police power, and as it can be
power, 1t necessarily inheres in the
state and can belong nowhere else.
Undoubtedly the Legislature might del
egate that power equally; undoubtedly
the Legislature cannot delegate it to
the extent of depriving itself of the
power of exercise, because that would
plainly be the delegation of a power
which necessarily resides in the state
Legislature itself and nowhere else.
Now, the truth is that It will be i'm
possible to find anywhere, either in any
constitutional provision or in any stat
ute, delegation to any municipality in
the state of the power of regulation Of
public utilities. The truth is that that
nd k1oo %<,1 L..
| fusion Of thinking leading to what
call loose talking from an entirely Diff
| ferent power.
"The provision in the constitution
OF 1875 which required the consent of
municipalities to the laying of tracks
in streets, the local consents as they
are called, was not delegation Of any
power of regulation Of public utilities.
1t imposed condition precedent to the
construction that there should be local
consent, and under that the localities
right to refuse the consent.
Nov, from that fact there has
grown up what l call this loose talking,
that IN some way it is proposed to take
power away from the municipalities.
Il say they never have had the
power, because there is no delegation
OF power that can be found, either in
statute or in the constitution. of reru-
iation of public utilities. These special
franchises were granted at time
when the state was not exercising it's
power over public utilities.
1T first began to exercise it in a
1ashion with the old railroad COM
mission. but it never undertook to ex-
erclse It IN complete fashion until the
PuDllc Service Commissions law Of 1907
bc
state. in 1907, was there any complete
exercise or attempt to exercise the
power OF regulation of public utilities.
"Now, that power resides in the
state Legislature. 1t has never resided
anywhere else. 1t is no more an inva-
sion OF the power of Municipalities
tnan what the state may do with re-
spect to education.
No Violation of Home Rule
The fact that the city has invested
moneys in the subways does not alter
the question. 1t subjects itself to the
seSerclSe or regulatory powers em-
Draced within the police power vested
in the state Legislature, just as much
as though any private corporation we're
to undertake it.
"The fact is that what have nro.
posed in my message is not that anv
power should be taken away from the
clties that was ever granted to cities.
out tnat the state should completely
exercise and enforce the regulatorv
power over public utilities, which i
mas never surrendered
1nat IS the reason l say this talk
or violating home rule is loose talk.
IN my judgment it is based upon loose
thinking. ''oo'
II will be very glad to consider what
you gentlemen have been pleased to
submit: This is a great problem. ! !
recognize that the welfare of the peo-
pie of the City of New York will be
affected by the right solution of this
problem more than by anything else
have to deal with. l have aIreadv
expressed my views on the subject to
the Legislature. but. in my judgment.
1T cannot be dealt with successfully
IN pieces, but must be handled as one
problem. "S oAe
What am recommending is that in :
stead of dealing with this proh,em o m
plecemeal, instead of having two or
tnree agencies, one with the power to
check the other, some imnart;ai
tribunal shall be created to Completely
investigate the transportation problem
IN the City of New York on q proner
basis; to deal with it without Interior
"s4seo, e!tHef pOl1tlcal or otherwise
and to deal with it in such fashion
that it will not be necessary for the
city to come here and ask for weap-
ons, of defense; to deal with it in such
fashion that everybody shall be salts
hed that it is dealt with on the level.
IN the interest of the people,
Time for Square Dealing
Il think it is unfortunate that II
gets into such state that either one
side or the other feels it must have q
weapon Of defense, and | think the
time has come to deal with the promo.
sition on the level with no interior
motives whatever, and to deal with Il
not with the notion that somebody has
got to be defended, but that the public
interest has got to be defended.
} think that can be accomplished by a
single tribunal.
81 do not think it can be accom-.
plished by the continuation of divided
authority. If it is to be accomplished d
by one tribunal, it is perfectly clear
) to me it must be that tribunal which
/ can exercise that power, the police
: power of the state which resides in
the Legislature.