The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-25

right to resort to his. premises and make
use of them, and he have monopoly
In them for that purpose II he VIII take
the benefit of that monopoly he must, as
an equivalent, perform the duty attached
to IL on reasonable terms
In this country the doctrine has been
carried still further. Nearly tOrty years
ago the legislature of Alapama Brahteu
to the city Of Mobile the power to regu-
late the weight and price OF bread SOLD
within the city, and the Supreme court
of that state, in Mobile VS.. Guile, Ala.
~ s. 14O, declared the law constitutional
and binding The Supreme court of the
United States has in several decisions at
frmed the constituionality OF state. laws
fixing limit to freight charges by rail-
road companies. ~
In a recent case in that court, CHIEF
Justice Waite I'm an able and exhaustive
opinion, has carried this Interpretation
of the law to n point that many lawyers
will doubtless consider the extreme limit
The owners of grain elevators in Chicago
private individuals doing business with
their own private property, charged 2'a
cents per bushel for elevatlng and storing
grain. The legislature passed an act
fixing the maximum rate at 2 cents per
bushel. In the opinion just alluded 10
the chief justice delivered the opinion Oh
the court sustaining the consutuuohailVy
of the law and giving the reasons AT
L
power to make a law like this, then lIle
legislature of Pennsylvania can do the
same But, for the purposes OF tile
present case 1t is not necessary TO argue
that the state has power TO the eNteH.
decided in the Illinois case, but only tHtt
the state has power to regulate prlNUte
! corporations in matters attectins 'e
public interest. That this may be done
| seems to be we'll settled both by the COM
| won ,ayy and tho decisions of our highest
| courts. -
A CLAIM URGED.
II may. however, be claimed that such
regulation would be in conflict with that
| section of the constitution which proNlues
| that no person shall be deprived OF me-
| liberty or property without due process
| of law. Brief reflection will show that
| a regulation fixing a maximum price iol
| the use of an article does not uePllN'
| the owner of his property. For exam
ple. an individual may invest all nus
money in q hotel property, ana tneh tiie
court may refuse TO grant him hcenSe'
or he may purchase a brewery anu VIC
| legislature may prohibit the mahulactu,e w..
! of beer. In either case his income Is cut
off and the value of his property greatly
| diminished and yet no one would uouoI
! the mower of the court or legislature u
take such &C ton if they saw lit,
| If the conclusion that the state has the
| general power to regulate the aHalrs VI
| private corporations, as far as the m
terests of the public are concerned, -
: correct then it only remains to COhsluei
| whether this power has been deleSatcu
| TO the CITY councils so far as regards the
| city of Scranton. ,.,
| Nv the provisions of the new constltu-
| tion the legislature is prohibited from
| regulating by special laws the local az
fairs of cities and towns, ana py 'le
4 Co.. OF or
| of cities such matters are lett almost
| entirely TO the local authorities. Such a
| course was q necessity, for the local
| needs of each city differ so widely from
| others that effective regulation by gen
| eral law would be impossible. Inc thlLu
! class city charter by which Scranton 10
| governed provides that "the mayor anu
| councils shall have power to enact anu
ordain any and all ordinances not repus-
! nart to the constitution and laws OF TN"
state and such as ii shall deem cNpt-
dient for the good government Oh 'hS
| city the preservation of the peace anu
good order, the benefit of trade ana COM
merce and the health Of the lnhapllants
thereof, and such other ordinances, rules
and regulations as may be necessary 10
carry such powers into effect 1t was
doubtless the intention of the trainers
of the constitution and the legislature
that enacted our city charter to vest IN
the local authorities the power to legiS-
late in regard to local affairs IA fully as
the legislature itself might do suDJect
TO the condition that such legislation
should not be in conflict with the con-
stitution or the statute.
CHARTER OF COMPANY.
The only statute to be considered is the
! charter of the Gas and Water company
which l have already noticed, and the
! constitution question seems to be fully
disposed of in the Supreme court deci'
, siOns heretofore quoted,
In connection with this part of the
subject it only remains to consider
whether the supplying of the city with
! water and gas is a matter of such pubic
interest as justifes its regulation by the
! municipal authorities. According TO Lord
| Hale: Property does become clothed
with a public interest when used in a
manner to make 1t of public consequence
and affect the community at large. When
therefore, one devotes his property to {
use in which the public have an interest
he in effect grants to the public an inter
, est in that use, and must submit to be
| controlled by the public for the common
good to the extent Of the interest he has
thus created. He may withdraw his
grant by disseminating the use, but a.
Yong as he maintains that use he must
submit TO the cotrol." The furnishing OF
;
pie of the city is a matter of the highest
importance. The supply of water is no.
only convenience hut an absolute neces
I sity. Upon the proper supply of water
: | throgh the fire hydrants depends tn,
) safety of the city, and upon the furnish
. ing for private consumption depends in
) great measure the health of the inhabi
l tants, The water compani,a are grant
ed extraordinary privileges, amons
which are the right to use the publ,
streets, and to take private property, anC
I enter upon private lands. They alOn,
; have these privileges, ana competition
I being impossible, they enjoy a virtua
monopoly, As Lord Ellenborough sayl
= ! in the passage above quoted, If they
would have a monopoly they must con
. | sent to enjoy it on reasonable terms, an,
this means not terms arbitrarily estab
lished by themselves, but on conditions
. | prescribed by the representatives of tn
: whole community the parties most near
| | ly and vitality concerned.
2 MUST USE POWER PROPERLY.
- Just here, however, it may be urge,
that IL councils fix the rates they Nigh
! put them SO low that the receipts of tn
companies might fall below the expenses
d There is no doubt that this power, lil
. all legislative powers, is liable to abuse