Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-11
ALFRED HUNTER w.. TIIB WASHING
TON GAsLIGHT COMPANY.

Tbs following Is tho opinion Of Justice Walter In the
Tho material facts Of th, case are briefly follows
plalnua Z boossgllo eSSunyinT lwo sS,si
lgrS pahe and SCH sas ~ Be used ior thS pg,2o.s
tbspsef ard any bSildins,, nsngissiSrs, q hegses
asSsn contained and 'pI ,s sT S e. i ss'9sd
tor reasong not neeesA 70 be stated her, Ioinsed 70
pay For sss 'aggCd a. 6s gssSs '9Es h y
had SaV1 light % 10, slowed ths surrb Of gas at
But tbs oompany vent frthcr than this, In pursu.
sne, o. q Il Regulations y refused TO furnish gSs
asss 4 he oiheP Far tSis refusal The pisna bring,
r. .R % s' he Scp. Sg' %S Sa-s ard
authority 70 make and enforce the roguatl9ns IN ques
sSsre Ha esaS p e Sst SS soaPSny AZ "
e s. s q oS Nc
conyenlspoe and security q the public - are sviql,
$ s pI rules s0s sn SpGs %a b
TSssonabs Just ls.Ial not s,P. p, .rb,sFa o
ri rcspesis eonsistsnt with the object for which the
corporation was created and IL relations and obhga
.Ss e ~ Ss aSS nudge d ts pr11 ~ ~ ao
and Regulations, That l. question lot the Judicial
Ths Washington Gssllsht Company was no, lnoorpo.
taied h t9pEes' ~ ne eisinslTe eeno ne stool
"odlons," saJs di.tlnenlshed American authority,
gnorS repugnHnt 10 the genius and sprt Of our rsppb
hean lnsuutions and are ony TO be tolerated on the
OF Ereat lhote convenience necessity.
theT always Imply corresponding dy 20 hs pablo, 70
meet INC cs"SsnIsne, o. nsofss yhieh iolatss their
plying with saSh lawful iSss6asSls and iasi rules and
sSS r. g. ose Ss Ss pdouss T p,ss r., si S
slowed upon the company were granted hy Congress
anus 70 psy or sas Parnshs ~ ans o %
not entltle the oqmpAny % refuse q supply him with
.aeS would Be- %oS.iSOas sIsr II sS,qs pouss
Inc remedy q the company IN such case is By action
Viewed IN the llsht Of these principles. witch are
IN aSostoR z manseI aa1 s non
III ,55s. and 81 and S,1S mn ?. nioTSSd
trading corporation, no ruo would Do othsrvisS Bot
C'wIanV, Is WISCONSIN Rsports, gsi-S case that sSs
eonsidersd ~ The couTtd ispcssd o. ths QUESTION Il
the following oear and omphAtio language
wan ne S q x D a es s4S
that the manufacture and supply Of innAmmable Ea'
inEs i not domestic OF family manufacture II /.
S.5red q either b public or Assoolatsd capital and
Corporatlons Of this hind are not like trading or
operations Is as eitSnsiSs 4. Commerce ITSELF ssd
whese PT9dnetena MAJ DO tEspsp2ted fron market &c
signed for the consumption Of tho immediate com
| mnnily In which the manufacture Ia wrpuEht
p.ads eToSsVeg SpsS home eons S 90 90
Nsfe article fmofohsndise ard could DO bottled Or
o. s g 30 dSScd q &c Sao no .Ua5 stfSs e
commerce there psht possibly b claimed ior g The
q that aitrbuto But such Is not the faet 1ts manu-
tActure depends upon the consumption Of the imme-
dlato nelshborhood for ts profits and success, and
upon no other place. Ia local, and hence not com.
nerciaL IA consumed upon tho spot OF ita mAnufao.
ture, and hence can have AFFINITY with articles Of
trade Its success necessarily depends upon its Eon.
affects the public policy and Individual SonTenicnee q
tho immediate community.
The gas Il not sold 70 whomsoever will bur- but Il
offered TO be- and IL furnished TO whomsoaver IL pre-
pared TO- and will take and H. Il IL not an article
q trade, because not bought measured and do
ivered In quantity but IA furnished, used and 70 be
paid for after II Is used because Il cannot bo measured
before From tho nature Of thu article tho objeo Of
the company, their relations to the community and
from all the considerations before MENTIONED Ii l. to
apparent that the company Ia not all analogous 10
an ordinary manufacturing or trading eorporAton.n
The proof IN this case shoya that thu plaintiff has,
by tho refusal Of the defendant to furnish him with
gas at his store vhe the bills have been regularly
paid, sustained tho amount o. damages elaImeL
thergfoIo render Judgment for tho plaintiff for one
hundred dollars damages and one dollar costs.
CHAH. WALrEn, J. =.