New-York tribune., 1922-10-27


subject. Many people talk 81 munici.
paiities as though they we're separate.
independent, sovereign tieg. There are
oniy Two sovereignties in this coun-
3ry. n fact, our government ID q
somewhat unique government Of two
scvoreignfies acting independently
withsn the same territorial jurisdiction
and d1reciy upon the citizen. But all
sovereignty initially resided iii the
states. Certain sovereign powers were
delegated to the Federal government
py the states and. of course. cannot
be recalled. All else resides In The
states. and for purpose of discharg-
ing either state functiona or for local
self government the state creates mu-
inequalities
Purely. local affairs, ne added, should
pe regulated by the people OF the
or badly discharged, aud they vii. ret
Just as good government as they are
entitled to. II they want TO elect Off
ciais who give them bad government
they must have that privilege, since
responsible government will never be
developed unless responsibility il
placed where it belongs
Publis Utilities Excepted
The Governor then named the mat.
ters which, he held, must be con-
sidered exceptions to the application
of this principle.
Ihe regulation of public utilities is
not matter of local concern alone Y
ne said. ut is also a matter of state
wide concern. II inhcres in tho nolice
power Of the state, which has never
been delegated to the localities. and
mas never been exercised by the loeali-
sies; transportation and the other
PUBIC utilities are state functions Of
statewide concern, and the regulation
iss IN Its essence. part of the police
power OF the state. and has always
been so treated and 20 exercised.
Education, too, is state and not
9. local function. The state may select
the municipality as an agency to dis
charge that function. but il the nu-
nicipality fails to discharge 1t as It
should, then it is the high function
OF the state to intervene and TO IN
s'st that it be discharged as it should
bes
st is the same with the preserva-
tion of law and order. That is a
function of the state. 1t also may be
left to the locality as an agency Of
the state, but il that agency fsils then
10 becomes the duty Of tho state to
intervene because, first of all, its duty
ID TO safeguard the h5es and property
Of its citizens"
Riddles Democratic Plank
Turning to the declaration In the
Democratic platform in favor of mu-
nlcipal regulation Of public utilities
wholly within municipality, Governor
Miller proceeded to riddle it as pro-
posal that on it's face was never in
IN bn !.Al.
characterizing it as "an appeal to
prejudice and ignorance
AS far rs the upstate situation
goes" he said, this is clap-trap, be-
cause it does not apply, and in the only
city IN which It does apply the Demo
Gratis performance in the past bellies
their promise.
"In Buffalo the traction, gas and
electric light companies all extend be-
yond the limits of the municipality,
ana the same thing is true in every
other upstate city. In New York city,
where it might apply, Mr.. Smith, when
ne had to handle the matter, instead
OF acting on the theory to which he
now subscribes in the Democratic plat-
form, and leaving the regulation of
the utilities to the municipality, ap-
pointed not one, but two, state commits
sions to do this work.
i see that here in Buffalo you have
a 'Nickel-or-W Walk Club and that the
opposition says that it is for the nickel,
! don't know whether they think the
people have forgotten, but / believe it
might be we'll to remind them that it
was the previous administration that
put the fare UP. And though will
not criticize them off hand for doing,
that / wilI criticize them for letting
the service deteriorate at the same
time"