The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-07-24
THE LAWS VARIOUS PHASES
An Attorneys Reasons for Believing the
Natural-Gas Transportation Act Valid.
1t Relates to Matter of Local Surroundings,
and of Which Congress Has No Control
The Mayors Liquor-License Decision.

The opinion has prevailed generally
| among members of the bar that the act of
the last Legislature to prohibit the piping
of natural gas for use outside of the State
! was unconstitutional. Augustus l.. Mason.
in supporter the contrary view, has filed
| a printed argument in behalf of the Con-
sumers' Trust Company. in the Supreme
Court, where the test cases are pending de
| argues that the Legislature authorized the
condemning of rights of way to pipe gas
for use in the State, but did not
declare public necessity to exist for ex-
ercIsing the extreme power of condemna-
ton for any other purpose. The Legisla-
ture is the only Judge of this public neces-
sity, and the courts cannot enlarge the
statute. The question is one of the laws of
| eminent domain and not necessarily OF In
| terState commerce.
On the latter point the argument is that
the piping of gas Is a necessary incident OF
| mining. and is hot commercial opera
| tion. If however, it be commerce, still
| it is subject local in its nature and opera
| ton, and until Congress enactS law 1t is
subject to State control. Such. distinc-
ton, it is claimed, has always been Tecog,
| niZed by the Supreme Court OF the United
States 1t has held that the power OF Con-
gress to regulate interstate commerce is Elk.
|
in its character, and requires uniform reg
ulatiOns in all the States. But where the
subject is local in its nature and operation:
the States may legislate, In the absence OF
a congressional statute. HarbOrs and fer
ries, although instruments of interstate
commerce. are of this sort A State is al
lowed to dam or bridge navlgable river,
even to the extent of absolutely excluding
interstate commerce. The export of coal,
wood and oil cannot be prevented. because
they are common subjects of national COM
merce, not local in their nature or opera
ton. They may be utilized at any any aist
natural gas. it is urged, is essen
TALLY local. not only in it's supply.
but In it's use and operation. It's use is linn
tied to such neighboring territory as can De
supplied by pipes directly connecting with
the well. 1t is not like coal or even OIL q
common subject of commerce." 1t Is not
| a subject of national concern like Interstate
railroads, nor does it reqire uniform regu-
lations in all the States. 1t is local in its
operation, requires different regulations
under different circumstances, and until
| Congress sees fit to act, her inaction Is
declaration that the States should them
| selves regulate a matter so exclusively
| local.
r. C. Bell of Fort Wayne. and Mr..
Cohrs of Chicago, are the opposing coun-
| sch Their argument is that the interstate
transportation of gas is interstate COM
merce, and that this can be regulated only
by Congress. If the State can prohibit the
export of gas it could prevent wool or
wheat from being shipped out of the State.
While this is the only instance in the
| United States of gas line crossing a State
boundary, yet the matter is one of national
| concern of the States, and requires uniform
| regulations in ali. An oil pipe line across
Indiana has for some time been in exist
ence, and it is argued that there IS no legal
difference in the two subjects. A decision
is expected inSeptember.
Liquor-License Law Is Valid.
Mayor Denny, as he had stated he would
do to the attorneys in the contested liquor
license case of the city against William
Moore, rendered decision yesterday, hold
ing that the ordinance providing for a $3.50
license was valid. The case was argued on
| last Friday, the questions at issue being
almost wholly based upon the construction
: + of the law involved. AT that time Charles
w. Smith, for the defendant, insisted that
the legislative act on which the ordinance
was founded was not constitutional, be-
llcause the title of the act OF 1915, of which
| it was an amendment, was not set forth in
the body of the law. He also claimed that
Q IF the law itself was held valid by the
court, the ordinance was void, be-
: cause it attempts to require saloon
keepers to take out license for
| a less time than one year. The Mayor
) | held that the law of 1875 only referred to
4 county license, and that whenever the title
4 isduoted in an amendatory act the body of
| the act Is valid. AS a matter of statistics,
\ he said, out of the fOrty-three anen0atOry
acts passed by the last Legislature only
4 twelve conform to the requirements laid
1 down by Mr.. Smith. He also held that the
additional $780, required for the remainder
1 of the unexpired term, is not license, but
a receipt. This decision covers not only
I the William Moore case, but those of Wm
Hilb, Stephen Mattler and all who have
refused to pay the additional $50. The
/ N th.,
taken to the Supreme Court. The appeal
will be made to the Circuit Court, in all
probability, in order to avoid the necessary
recourse to general term sitting. # it
were taken to the Superior Court. After
the decision of Judge Rowland. a decision
will be early sought in the Supreme Court.
The Domestic Troubles of Closing.
Rudolph Closing filed suit in the Supe-
rior Court yesterday for a divorce from
Louisa Glessing, whom he married in Janu-
airy. 1885, His wife. he says, has treated
him with cruelty, refusing to cook and
prepare his meals. She otherwise neglected
| her household duties. he alleges, and when
demonstrated with she applied harsh cpl
thets to him. Since their marriage, the
J plaintiff claims. she has insisted upon keep
ing her brothers at their home, who
assumed general control of affairs. In
| July, a year ago, the husband and wife
separated and have not seen each other
| since.
Wants to Know His Sentence.
Recently, in the federal court. Orlis
Staley, a school teacher, was found guilty
of counterfeiting, but was released on bail
to await sentence. Yesterday he appeared
in court to have Judgment passed on him,
but the court has taken no action.
|
Sent to the Grand Jury.
Frank Somers, charged in the Mayors
court yesterday with burglarizing n. Z.
McDaniers grocery. on East Seventh street,
was bound over to await grand jury action.
Declared Insane.
: William Doerr. brick-layer forty-eight
years of age, was declared insane yester-
day. He has been patient both at the
, City Hospital and the county poor farm.
The Court Record.
SUPERIOR COURT.
Neic Suits Flied.
Rudolph Glessing We. Louisa Glessing:
| divorce Allegation, cruelty and neglect