Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-02-16
HOUSE PASSES
UTILITY BILL
Next Move in State Fight Still
Up to Governor Edwards
When He Gets Bill.
GOVERNOR IS UPHELD
0usting of Old Board is Sane
toned by State Court of
Errors and Appeals.
GOVERNOR is UPHELD
BY special Correspondent.

BY Special Correspondent.
TRENTON, Feb. 16-The court
of errors having sustained the gov
ernor's removal of the old Utility
Board and the House of Assembly
having followed the senate's exam-
pie in passing the Wallworth bill.
creating a commission of three
$4,000 members, the next move in
the fight over the important state
body is up to Governor Edwards.
That is, he will likely be called up
on to either approve or veto the bill,
or let it become a law by default.
before the senate acts on his five
nominations to the board created
under the utility act of 1911.
Immediately following the deci-
sion of the court of errors yester-
day. the House of Assembly passed
the Wallworth bill by a vote of
3S to 5. Assemblyman Evans, Re-
publican. of Passaic. made a fight
both in the House caucus and on
the floor against the measure. but
the G %. P. leaders had turned up
the majority to pass it and over 1t
went. The senate having previously
acted upon the bill. it now goes
to Mr.. Edwards for his considera-
tion.
81 am sorry to see this undue
haste in taking DIP this BILL" de-
clared Assemblyman Evans. 1T has
Just been received in this House. 1t
has not been referred to commit
tee and we are asked to vote upon
it without warning"
The Passaic member said board
of three cannot do the work, as the
old board of five had been kept busy
The $4,000 salary he thought too
much. declaring that adequate SER
vice had been given the state in the
past with a board each of whom
received $500 a year.
There are not five members in
this House who have any idea OF
the requisites for this board" de-
clared Evans.
On the roll call Evans voted no
and he was Joined by Hershfield,
of Passaic. Elliot of Essex, Tuttle
of Hudson. Republicans. and Run
yon of Warren, the lone Democrat.
Republican Floor Leader Harry
Rowland, of Camden. made a spirit
ed speech for the bill. which is
backed by Republican State Chair
man Z. C. Stokes. National Commit
teeman Hamilton f. Kean, of Eliza
beth; David Baird and other state
leaders. He said of all the sugges-
tions offered to solve the Utility
Board problem. this bill had received
| the most commentator. 1t is not
a political measure. but thoroughly
honest effort to provide a happy So
luton of the question.
I'm this closing chapter of this
controversy" said Leader Rowland.
Il want to pay my humble tribute
| to the utility board members. They
did the best they could with try
| ing situation. l hope this bill will
| forever close the utility commission
issue and that the people will have
as high a regard for the decisions OF
this new board as they have had for
| the rulings of our courts"
Meanwhile the five nominations
which Mr.. Edwards sent to the Sem
ate some months ago. after he had
ousted the old commission. still Ian
| guished in the hands of the judiciary
| committee of that body controlled
| by Republicans. These names are
Col. Walter +. Whittemore. Sussex:
Congressman James A. Himill. Jer-
sey City; former Assemblyman Ar
thur A. Quinn. of Middlesex:. former
State Senator James A. c. Johnson,
of Bergen, and Treadwell Cleveland
| of Essex.
In his dissenting opinion filed in
the Court of Errors. Supreme Court
Justice Kalisch. in voting to reverse
the governors action L. removing
Commissioners Slocum. Gaul. Wright
and knight. holds that the Public
Utility Act of 1911 is unconstitu-
tional because it attempts to give
the executive the right to exercise a
judiciary power. which is vested only
in the courts by the fundamental
/ law of the state.