The New York herald., 1921-01-26

some way IL is proposed TO take power
, away from the municipalities.
y IL say they have never had the power,
because there Is no delegation OF power
that can be found. either in the statute
or in the Constitution, bf regulation OF
public utilities. These special franchises
were granted at time when the state
was not exercising its police power over
public utilities Ii first began to exer-
else il in a fashion with the old Railroad
Commission, but it never undertook 10
exercise it IN complete fashion until the
Public Service Commissions law of 1907
was passed.
MunicipaIitfes Are Not Invaded.
For the first time in this State, in
1897, was there any complete exercise
or attempt to exercise the power or reg
-ulatlon of public utilities. That power
resides in the State Legislature. 1t has
never resided anywhere else. 1t Is no
more an invasion OF the power of munic-
ipalitles than what the State may do
with respect to education.
THE fact that the city has invested
moneys in the subways does not alter
the question. II, and it doesn't matter
whether in it's governmental or proprie-
tary capacity. because If it is proprie-
tor the city sees fit to go into the busi-
ness of operating public utility. 1t
thereby necessarily subjects itself to the
exercise of regulatory powers embraced
within the police power vested in the
State Legislature. just as much as
though any private corporation were to
undertake II, but the fact is that what
| have proposed in my message is not
that any power should be taken away
from the cities that was,ever granted to
cities. but the State should now COM
pletely exercise and enforce the regula-
tory power over public utilities, which
il has never surrendered.
THAT is the reason / say this talk
OF violating home rule is loose talk. In
my judgment it is based upon loose
thinking.
80 II will be very glad TO consider what
YOU gentlemen have been pleased TO SUBJ
nit This is great problem: l recog-
nize that the welfare of the people OF
New York city will be affected by the
right solution of,this problem more than
by anything else / have@to deal with.
what am recommending is that in
stead of dealing with this problem piece
meal. instead of having two or three
agencies one with the power TO check
the other. that some impartial tribunal
shall be created to completely investigate
the whole subject to determine what is
the wise plan TO put the transportation
problem in the city of New York on
proper basis to deal with 1t without
ulterior motives. either political or other
wise, and to deal with II in such fashion
that il will not be necessary, for the city
to come here and ask for weapons OF
defence. but to deal with it in such
fashion that everybody shall be satisfied
that it is dealt with on. the level, in the
interests Of the people
Entertaining that view, I shall have
TO consider very carefully the question
before / should recommend that the
Legislature deal with the bus problem
alone. so may as we'll frankly say that
unless change my present view I shall
not recommend to the Legislature to
deal with this problem piecemeal."
Mayor Makes Plea for Buses.
Presenting the subject at the opening
OF the hearing, the Mayor revived the
history of the bus business in New York.
"We are here asking your help" the
Mayor told the Governor. The time is
not far distant when bus lines must re-
place the surface lines. We have no
wish TO parallel the surface lines If they
comply with regulations. If we can got
the authority we ask we can give the
people up to date bus service"
Mr.. La Guardia said he was stunned
Ul inc AaONPTnOl message. Dul ulu not
explain how. He backed VI, the Mayors
request.
For seventy-five years the--IransiE
f.history i'm New York has been fight
K for monopoly. The surface lines were
once a gold mine. but now the gold is
gone and now the lines must go.
THE city must have this Legislation
| II asks as a weapon with which to deal
with the companies We could get better
4. tt,a lsxI.f t.. .t-l.
the city finds itself. I believe the remedy
does not lie in taking the power to deal
with the situation away from the city
and giving IL to the state. The city is
charter creature with set ideas. Its
growth has been all toward home rule.
"we have put $500. 600. 900 into transit
and we do not want to have the Legis-
lature tell us what fare shall be
charged We are in the partnership and
have started the enterprise and all that
is left is the financing. and we do not
need the State to run that for US.
You say there is loose talk about
home rule. Perhaps IL was loose talk
which resulted in the inception OF this
Government. To give this power to
regulate our affairs to the Legislature
Will be to turn the clock back and
negative the advantages we have
gained
Maurice Connolly. Grover whalen
and the other officials spoke briefly in
favor Of bus lines.
The New York officials are n unit In
opposing the Governors recommenda-
tions. The Mayor said he had not read
the message and was not prepared to
make a statement. Mr.. Curran ex-
pressed his opposition in his speech at
tho bus hearing
Connolly scents scent Fare.
The Governor certainly goes all the
way" Mr.. Connolly remarked. "t can
mean only one thing--an s cent fare"
"rhe statement that the water has
been squeezed out OF the transit COM
panies is not Correct" Commissioner
Nvhaien said There Is probably $500 :
600. 900 Of water in the system. The
water should be taken out before the
city takes over the ownership. The
public will never accept an cent fare.
because there Is no necessity for IT,"
The Governor explained IN a talk with
reporters to-day that he drew a sharp
lire of distinction between municipal
ownership and municipal operation. lie
said
Municipal ownership and municipal
operation are two different things. Mu-
nicipal operation would be absolutely
fatal to good service. We have got to
have roads operated solely as a busi-
ness Is conducted. II we are going to
have efficient service we have got to
have private operation under very strict
regulation"