The New York herald., 1921-03-14
Association of City Stands
by Principle of Public
Service Commission.
OPPOSES HYLAN BUSES
Report Says Municipal
Ownership and Operation
Would Be Too Costly.
AGAINST TAMMANY BILLS
Takes Position on IS Impor-
tant Measures Now Pending
at Albany.

fant NJ eaSUfeS NOW CHUNG
at Albany.
The committee on the amendment o.
the law of the Association or the Bar
of the City OF New York made public
yesterday It's first bulletin Of this year
setting forth its views upon pending
legislation at Albany. The report ad-
vises against the passage Of the bills
to authorize tho city to put into effect
Mayor Hylan's plan for municipal
ownership and operation Of bus lines, as
having evidence OF becoming a losing
financial venture for the city and on the
ground that such move would be un-
constitutional
on the other hand, the committee Of
fers no criticism of Gov. Millers bii
for the creation OF the State transit
commission to settle New Yorks street
transportation problems. but, without
mentioning the bill by name. expresses
its approval Of the principle involved
in the following paragraph:
Ever since the Public Service Com
missions were created there have been
introduced in the Legislature during
every session a considerable number of
bills dealing with matters that properly
come within the purvlew OF these COM
| missions. In many instances express
authority has been conferred upon the
commissions to deal with the very
/ subjects as to which legislation Is
sought In other instances the proposed
| legislation could well be obviated were
the power conferred on the commissions
to deal with the proposed subjects after
making such Investigations as the COM
missions are qualified to make and
which the Legislature has not the time
or opportunity to make. Believing
In the policy underlying the creation
OF these commissions and in the good
results accomplished as result OF
thorough and systematic investigation
OF the facts on which the regulation OF
public utilities should be predicated. the
committee has uniformaly opposed such
special legislation.
Tammany Bills Branded.
I'VE have gone into perhaps unneees-
sary detail in explaining the methods
and theories of the committee, in the
hope that we may at least have In
dicated our desire and willingness to be
helpful to the legislative and executive
branches OF the government In tho per-
forrnance- of the important duties that
rest upon them"
The Bar Associations committee ana
| lyzes and expresses its approval or dis
| approval of more than seventy-five OF
| the more important measures pending
| in Albany. The report is voluminous
and exhaustive. A. number OF the bills
OF Tammany vintage are branded az out
uyttYq Cr r.
| pose OF obtaining or retaining JOBS for
| political office holders.
The committee goes into Gov Millef5
| bills FOR state enforcement Of the Vol
stead act in detail and disapproves the
| bills unless they are amended so that
every violation would not be made tria-
ble by jury, which would add e the
| congestion Of the courts; so that the
same act would not be twice criminal.
once under the State and once under the
/ Federal law. and so that all the matter
| IN the enforcement bnl and provisions
affecting taxation be included in single
act SO as not 70 cucumber the code fur
! ther than possible.
The committee disapproves the bill of
/ Senator DuGgan, which proposes 70 de-
\ priye the Justices of the Appellate divis-
1 ion In the First Department of the func-
/ ton or fixing the time and the place
for holding special and trial terms III the
/ First Judicial District and OF assigning
Justices TO hold such terms. This bill
Is IN support OF tho fight which Justice
John Ford has waged against those
powers, and the report Of the associa-
/ tons judiciary committee. made public
! when Justice Ford launched hts attack
several months ago. is quoted as repre-
/ senting tic views OF the law amendment
\ committee.
Bus Plan Disapproved.
i Concerning tho bill TO put Mayor
I Hylan's bus plan into effect. tho report
says:
'.rhe avowed object OF these measures
I il IL enable the city or New YORK 70
\ engage III the business OF transporta-
tion OF passengers by means of omni-
buses TO be purchased. owned aud
operated ~ ne municipality. X IL r
! new departure. there being but one
precedent. namely the operation BY the
city Of the Staten Island and South
Brooklyn ferries. The experience In
respect 10 that undertaking Is most dis
couraginR TO the taxpayers.1 Figures
from 1906 TO 1915 then are quoted 70
show that this was losing venture. The
report states also that the Fifth Ave
nue Coach Company by IFS 1919 report
SHOWS InAI II CNSNo ttEuN ttN11 PeNo-
senger to operate under highly favor
able circumstances.
Upon the question OF constitutionality
OF the bus bill the report says.
Irrespective Of the economic features
presented by thls proposed legislation
we are of tho opinion that these meas
ures would be unconstitutional because
OF the prohibition Of Article VIII, Sec
tion 10, OF the Constitution, which pro-
vides.
!" Nor shall any city bc allowed 10
incur any Indebtedness except for city
purposes
What constitutes a public purpose
was discussed with great cearness bv
Chief Judge Cullen In Smith " Smythc.
1917 ~ ~, 457. He pointed out tn, dis
tirctior between what may be termed
public interest and tho corporate In
terest OF a municipality, and showed
that X is a corporate or governmental
purpose only. not merely a proprietary
ono, that can be regarded as q city pur-
pose within the meaning Of the Com
sttutiou. In this respect hc followed
tho opinions IN Matter Of Niagara Fails
& ~. H. Co. los y. ". as, and Matter
of Chapman v city % New York. f6S
y. Y., 50.
"public Purposes" Defined.
In the frst Of those cases judge An
drews pointed out that while the ostab-
lishment Of furnaces, mills and manu-