414
THE GREEN BAG
passed the eighty -cent law, and at the same time the Commission determined upon the same rate. The enforcement of the lower rate has been prevented by injunctions obtained from the Federal Courts, and the success of the companies, without a broad court review provision in the Gas Commis sion law, indicates that the public service corporations will not lack a day in court upon any orders that may be issued by the Public Service Commissions. By the new act the state of New York is divided into two districts about equal in population; one containing the counties embraced within the City of New York, and the other, the remaining counties of the state. For each of these districts a com mission of five members is created with five-year terms, at salaries of $15,000. Each commission is to appoint a counsel at $10,000, with power to appoint attorneys and counsellors and a secretary at $6,000, and such inspectors, experts and other employees as are necessary. An appro priation of $150,000 for each district is made for the remaining seven months of the fiscal year created by the act. The commis sioners are to be appointed by the Gov ernor, by and with the consent of the Senate, but the consent of the Senate is not neces sary for the removal of a commissioner. This provision was one of the most hotly contested provisions of the bill. At the present time practically all members of commissions and other state officers appointed by the Governor are removable only on charges before the Senate. In the opinion of Governor Hughes this was an entirely unnecessary and vicious limita tion upon the executive power of the state, and his point of view was emphasized in the Kelsey case which came up for consid eration in the Senate at the time of the greatest crisis on the utilities bill. The facts of this case are too familiar to repeat other than to say that Mr. Kelsey was an honest and conscientious superintendent of insur ance, but believed to be totally lacking in
the great initiative and ability required to put the Armstrong insurance law into effect, and because of this, Governor Hughes asked his removal by the Senate. That body, however, actuated largely by per sonal and factional motives, voted not to remove. This action so solidified public opinion as to the wisdom of the Governor's position that the Senate was forced to capitulate on the utilities bill and to sur render the privilege of the power of re moval, a concession that it was believed, in the beginning of the session, the Senate would never make. The provision as it now stands is that: "The governor may remove any com missioner for inefficiency, neglect of duty or misconduct in office, giving to him a copy of the charges against him and an oppor tunity of being publicly heard in person or by counsel in his own defence, upon not less than ten days' notice." If the Governor shall then remove such Commissioner he shall file with the Secretary of State a complete statement of all charges against the Commissioner and his findings thereon, together with a complete record of the proceedings. The Commissioners must be residents of the district for which they are appointed, and no person shall be eligible for appoint ment or retain office either on the Commis sion or under it who holds any official rela tion to any common carrier, railroad or street railroad, gas or electrical corpora tion subject to the provisions of the act or who holds stocks or bonds therein The Commissioners are furthermore prohibited from securing or recommending, directly or indirectly, appointment for anyone by any public service or common carrier, and these in turn are prohibited from offering to any Commissioner or employee of the Commis sion any position or appointment or free or reduced transportation or any present or gift. Proceedings and records of the Commis sioners are made public records, and they are
