New-York tribune., 1922-11-01

Republican leaders how r.uch could
expect from them, and the public sary-
lice legislation Of 1919 wa what tke5
were willing to give me and nos wtiat
! desired to hare.
.Wcre It not thai the force Of pub.
lie opinion In the City Of New York
was so strongly against the oia Public
Service Commission 1t is safs TO as.
sumo that nothing would have been
done. The Governor Is clearly making
play for the home rule sentiment OF
each community When lie speaks
a5ont splitting the functions Of the
Public Service Commission 10 order TO
permit the City Of New York to build
its own subWays without state inter-
ference, he we'll knows that ne such
proposal as that would be approved by
a Republican Legislature.
~ think the complete answer to that
is to ask him why he did not do that,
when it is conceded ON all sides and
claimed even for him by his partisans
that the Legislature worked with him
In perfect harmony. Why did he not
turn over to the,city the right to build
its own subways? And what possible
reason can be given why the City Of
New York should require the assist
ance from the state in matter that
entirely affects her own inhabitants ?
The City Of New York built the Asho-
kan Dam, the greatest piece of engi-
neering in the country. She builds all
of her own bridges, all of her public
buildings. Why should she not build
her subways7 could give good rea-
son why did not recommend 1t. | was
politely told that it would not be done.
He cannot give that reason.
"The Governor talks as if the people
OF this city and other cities of the
state have very short memories. \
year and half ago, when he jammed
through his public service legislation,
every newspaper in this city not only
criticized it, but condemned it. Every
city in the state has been UP in arms
against it ever since, and cities that
were for years in the Republican col
umn elected full sets of Democratic
city officers, largely as rehukc to his
attitude with regard to public service
corporations. In fact, it happened sn.
his own city Of Syracuse. and it was the
general belief throughout the state
that his action in the. creation of his
Public Service Commission /. was in
tended to be Of help to. the great pub
lie service corporations.
Nobody in New York will be fooled
by the Governors transit talk. The
Mayoralty election immediately follow
ing the passage Of his transit legisla-
ton reflected as clearly as anything
could the overwhelming opinion OF the
people of the city against him. The
issue in that campaign was the Gov
ernor's meddling by his Public Service
Commission in affairs that, prior to
that time had been purely the busi-
ness OF the City Of New York itself.
Says Cities Should Have Power
"The Public Service Commission law
was SO framed as to be favorable to
public service corporations in ways
other than the fixation of fares. The
whole trend of modern legislation and
the unanimous opinion of all who have
studied the problem of municipal gov
ernment is that the term Of all fran
chlses or operating leases should be
limited. The city charter provides a
twenty-tiye-year limit, but that would
not be applicable to any franchise or
lease granted or mada by Governor
Miller's commission, for that provision.
is expressly suspended with reference
70 70 leases granted or made by the
Transit Commi ission. The whole theory
of thni Public Service Commission was
to wipe out the rights Of cities and
to leave them entirely subordinate to
state, control, 1t is the embodiment of
the theory that the state and net the
city must control the daily life Of the
citizens. Of New York City. If the
companies operating the franchises
had themselves drawn the legi alton
they. gould not, have made a betL, r Job
OF 1t. The, Transit ,Commissioa, is
poworlsss to impose any terms. OF re-
adjustment OF existing agreements to
which the companies do not consent
."WhenpI go TO Albany on the 1st
OF January will with all the energy
that.cl possess devote my time to re-
moving from the Public Service Com
act any and every provision
destined to- deprive the different cities
OF their power over the franchises and
contracts, between themselves and pub
Hc service corporations, and shall in
slst with great deal Of vigor that the
Transit Commission he abolished and
that the properly and duly elected au-
thorities Of this city be charged, as
and regulation of all public utilities
lying within the city" a.
Recom.aended Port Treaty
Referring to the Port Authority
question, Mr., Smith declared that il
Miller meant to charge him
with not taking one forward step" in
the matter when he was Governor the
Governor was "disregarding the record
and speaking Cor votes" The former
Governor, asserted that he had recon-
nended The passage of q port treaty
between New York and New Jersey