Perth Amboy evening news., 1922-10-06
5I[zERP PUSHES
UTILITY FIGHT
Says Democrats Effort is to
Bring Back Five Cent
Fare

- 6STSAAAoAr II a ote1NCAAiCAAt AoohCN
today on the utility plank in the
Democratic platform said as follows:
"Our effort is to bring back the
five cent fare. There is no such at
tempt made by the Republicans or in
their platform. We hav pointed out
that the five cent fare may be
brought back, first. by placing upon
the statutes of this state a law which
shall provide that contracts made by
municipalities with the trolley COM
panies shall not be subject to impair
ment by legislative enactment, but
shall be binding upon both the NUM-
cipa1ity and the traction company.
This points out es clearly as it
can be that the five cent fare may be
brought back by legislative enact
ment. Notwithstanding this clear
and unequivocal language, those who
have been throwing dust into the
eyes Of the people for the last three
months are insisting that there must
be a constitutional amendment to ac-
comp1ish this. This is not true.
we have recommended in addi-
ton to the legislative enactment,
that the constitution be amended to
incorporate a similar provision so
that, after we have put this law
upon the statute books no legisla-
lQI0 Jill OAAC0 W 80 0OoAo -
Guardians or traction interests can
repeal it.
There certainly is nothing COM
pick, difficult or obscure about this.
when trolley companies secure
their franchises they file acceptances.
Our courts have said AS between
the parties the consent and accep-
lance have the force and effect as a
contract
1But, Tt is a contract subject to
the states sovereign power over
rates, and when, as in this case, h
state through its Board of Public
Utility Commissioners, exercises It's
sovereign power over rates the con-
tract rights of the parties
yield
.aThe court further said: The
power given to the municipality (to
make a contract) is not broad
enough to Justify the municipality IN
restricting the sovereign power or
the state over rates to be charged
by public utilities
IF the state originally had the
power to give municipalities n
right to make contracts with trolley
companies, and If it had the right TO
take that power away, Gas 1t did, 1t
AIA0 uhS In ~ -
the power. In fact, the state could
tomorrow pass a law fixing a def1-
mite rate to be charged by the pub
lie utilities, subject to constitutional
requirements.
.sThere is nothing retroactive about
the matter at all. The utility act OIL
1911 changed the ~pre-existing law
and was not retroactive and so, II
there is a law of 1922 changing
1911 act. that is not retroactive
ssThose who do not want a 1ve cent
fare restored and those who are en-
deavoring to fool the people on THIS
question will no doubt oppose TINS
md make no effort to get away from
the present practice which mas
brought us the eight cent rare anu
perhaps worse.
-Perhaps it might also be well 10
point out to those who seem Dlno
A the subject that the Democratic
rlafform clearly points out that un-
ii five cent legislation a be enact
ed the utility board must continue
"a regulate rates and that In doing
So for the purpose of fixing rates
there must be included only actuaI
and real values, and there must be
excluded allowances which are either
dishonest or fanciful.
"The elements which enter into
rate making have been dehned py
our courts. To state them IN legisia-
ton would simply reiterate the JUDI
cial declaration and no real progress
would be made. The legislative dec
laration if it omitted any of the ele-
ments declared judicially to be ne
cessarv would obviously be unconstl-
t~ytional. Therefore, the remedy pro
posed by the Republican candidates
fo, governor was meaningless.
IT observe in the Republican plat
form that 1t advocates that |
jurisdiction of the commission
should be extended to cover not only
ali utility holding corporations, but
also ali the companies that supply
them the products which the utilities
furnish to the public to the extent
OF the dealings between such COM
panies."
NIn a former platform of the Re-
publican party they solemnly prom
ised to pass the bill regulating night
work for women and failed TO 40 So
NOW thay just as solemnly prom
ise to regulate holding companies
as above stated. They Will propapiy
just as solemnly repudlate that
promise. judged by past experience,
for I have in mind that Mr.. Elliott
Republican from Essex, at the last
session introduced assembly bill NO.
ST. to do this very thing n the
birS. died in committee. On r
ary nth. 1922. Mr.Roegner OF Pas
sale, introduced assembly bill NO.
$50 to accomplish the same result;
that died in committee. On eoru
ary 9Th, 1922, Senator Parry OF Es-
sex, Republican Independently In
troduced senate bill 1S9. placing
holding companies under the 1urls-
dfction of the Utility commission.
This bill was referred to the COM
mittee on revision of laws of which
senator Case (Republican) was the
chairman. This also died in COM
mIttee.
~senator Munyon's friends are vo-
c~iferating very loudly on his utility
platform, on which he Is going to do
and how he is going to regulate
holding companies, but 1t will be
very dificult for them to explain
Why, when he had an opportunity,
he did not raise his voice on h
door Of the senate and secure some
action on Senator Parry's bill, or
why he did not induce some of his
friends in the assembly to get some
action on the bills introduced by
Mr.. Elliott and Mr.. Roegner.
1T cannot be possible that Sena-
tor Runyon has just discovered the
necessity for this legislation. II so
then he has been woefully lack
Ing in the knowledge possessed by
everybody interested in public al