New-York tribune., 1922-10-27
smith Blarl1es
ARE Boosts to
Miller. Board
Citses Stripped Of Power TO
Deal With Corporations
i and Placed at Mercy OF
Partisan Group, He Says
Upholds Contract Right
ae Tells Rochester Public
Service Commission In.
fr;nges Local Franchises
Frosn a Sos correspomsle..

ka akUJneeci GiN, wv. 1o.s-AlIfeu II.
smith, Democratic candidate for Gov
amor, speaking in Convention Hall
serc tonight to the largest audience
s. has had so far in his upstate cam
sa;sn. emphasized the traction issue
md declared that increased fares were
Inc fault of the Miller Public Service
Commission, working under a Miller
izea law which stripped the municipali-
lies Of their natural powers and rights
% deaf with their own public utility
corporations.
aAs travel through the state,a said
he candbiate. ~ hear in all of our
great cities caustic criticism of the
Miller administration. Lying at the
sery root Of this resentment is the fact
hat the cities have, by legislative en-
scsment, been stripped of their natural
powers and rights to deal With their
esr public utility corporations. When
city makes a contract with utility
soyporstion il intends to live up to it.
The corporation should do the same
thing. But Governor Miller invents a
sew theory. With his natural leaning
q corporations, he believes that the
date, not the city, should step in and
sIieye the public service corporation.
aould it happen to have the worst of
he contract, when it seeks to better
k financial condition, without regard
aithe terms of the contract.
Y~>f f~s~
II regard this whole question as a
yery dangerous precedent, which il
carried further may lead us to the time
When the state would interfere with
contracts between individuals, as we'll
is between cities and utility compa.
aies This is matter for the earnest
consideration of business men and
property owners generally. There
should be nothing held more sacred by
.he state itself than the obligations of
contract. ] stand in this campaign
not only for preserving the validity of
existing contracts, but for the restora
,ion to the cities of all the rights and
mowers taken from them by Governor
Milier's legislation and his Public Serv
.ce Commission, and / promise you
that, If elected, will, with all the
energy can bring to my command,
Gght for the restoration of the rights
Of the people in the various cities of
The state"
The former Governor points out that
Governor Miller. in his speech in this
city last week, persists in talking about
Ar. Smiths Public Service Commission.
The speaker said the Governor referred
10 the old Public Service Commission
which he threw out OF Office, and which
vas not a Smith commission IN the
sssse that the Governor meant.
Commission Not His, Says Smith
n did not create it," saidssMr. Smith.
N was ein Office at the time I2arrived
ia Albany. During my entire term
appointed two members, one in my
srst year and one in my second. The
esmmission was made up of five. | was
rot consulted about any of it's deci-
SONS, but cant make the statement
nat the principle upon which it was
jounded and the limitation of its pow
ers were wise and safe. The old com
mission by practice, lived up to by
syery Governor, was bipartisan COM
mission and was intended to be free
from the control or influence not only
OF the great parties but of the Gov
ernor himself. People who want to
think and talk straight will not refer
to it as my commission.
"The big point at issue was that the
old commission was compelled by law
10 respect and, to the extent of its
authority, to enforce all contracts
which had been made between any
city in the state and utility corpora
ton operating therein. Where fran
chise or contract between a municipal
ity and public service. corporation
contained a rate for service rendered
the commission could not upset or
alter the rate. 1t had no such power
hy law. The fact of the matter is
it never did. On the contrary, it up
held absolutely the right of people of
a city, through their own government,
10 make such contracts as the people
themselves desired.
$50 when we hear Governor Miller
telling the people of the state that the
old commission raised a number OF
streetcar fares in upstate cities he
is not speaking with the frankness and
accuracy you have right to expect
from a Governor who was at one time
Judge of the Court of Appeals.
Rochester Fare Up to Public
The former Governor referred to the
i.cent fare in this city and the con
tract between the city officials and the
ttaetion company which brought It
bout. He declared that the old Pubic
srvice Commission had nothing to DC
shh it, but had let the people of the
city attend to their own affairs In that
sespect. Governor Miller tried to make
the people believe that the commission
had meddled in their affairs, he said
When they had done nothing of the
sort The wisdom of such contract
ne, Smith said, was not for him to
decide, or for Governor Miller either
Or the Public Service Commission, but
was matter to be decided between