Gunnison news-champion., 1910-02-25
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tecf ct water poWer noaoply winch
seems % have been for several wears
past and naw Is great Tbogey man
1T the administrative departments al
Washington. We interviewed law
yer who has devoted much attention
30 the suhlect and BY wsy Of getting
at this matter we asked hlm II he sad
read the recent speeches ct our two
congressman. Martin and Tsvlar
"Nes, have. ID seems that eur
Representatives from the West are
going 10 enlIghtea the >olons of the
East and Middle West a. 30 the
manner We have been treated by the
government at Washington fr the
past SLY wears. Insofar AZ the sub
lects touched span IN these speeches.
the arguments are most lucid and IN
sslnersble. am in hopes they will
take mp the subject fslly concerning
what "our friends are want 10 call
the Water Power Plant Monopoly
of the many evils of paternalism
grated on the mountain states by
Roosevelt and Pinchoi. their asssmp-
tion 10 control the water aud the
water power plants is the most dam
aging and unreasonable Of all the
ridiculous assumptions Of power ur-
der the so-called conservation Of
natural resources If this course is
maintained there is no telling the
extent of the disaster II will bring
upon this country Take the price
of coal lumber ana building material
before the advent of Pinchotism IN
our country and see what II is now
Three on four fuel companies possess
all the coal lands in this county ex-
cept that which has been Withdrawn
and is now owned by the govern
ment The withdrawal Of the coal
lands from the public domain played
into the hands of these fuel com
panies and they now can compel us
TO pay such prices as these companies
NAV see fit to charge Ia is their
land and their coal, and the business
is Of that nature which cannot he
reached by law"
How about water power plants?
Ii takes very large amount Of
money 10 put such ia operation and
when they are established cannot
they charge what they choose for
electrical power?
No, they are quite different to the
fsel companies BY their nature
they must conduct their product,
electricity, over the lands of others,
procure rieht-of- ways from the own
ers of the land franchises from mu-
nicipelities aud they come within the
same principle or rule OF law as
''common carriers" Briefly stated
the principle Of the Law is, that when
person devotes his property to a
use in which the public has an in.
terest, the public is thereby granted
an interest in that use and the pub
lie hes a right TO control that use TO
the extent Of the interest created.
The property by it's nature and use
Is ssch that it partakes of, or rather is
clothed with an interest that is pab-
lie and the public can, by prope,
legislation, fix . maximum rate or
charge respecting the compensation
the owner or owners shall receive
This power 10 control rates or
charges, in law, is termed police
power To control which is conferred
by the constitution upon the legisla-
tive bodies and is put into force and
effect by a Legislative Act All
rates and charges for uses within the
state are controlled BY the legisls-
lure and where il is an inter state
matter, then by congress through
the Interstate Commission. The
rates fixed by legislation must he
such in their results that are not con-
tiscatory They should he such that
bring a fair compensation on the
capital actually invested. Other
wise it would be in operation and
effect to taking property without
due process of law" In this latter
event the person owning the plant
could apply TO the courts for redress
The burden of proof would he upon
him 10 convince the Court that un-
der the rates thus fixed by the Legis-
latare he is not receiving fair re-
turn on his capital invested. II the
Court Was thus convinced, it would
declare the act Of the Legislature un-
constitutional Otherwise the lerta-
lative act would be upheld. As 20
what would be fair compensation
in one portion Of osr cosntry, might
not be . reasonable rate in another.
all depending spoa the worth ol
money, price Of wAsse. &C. in the
particular locality. Hesce yoa can
n>A~~~1soA thss H. av.rlsrN rupwer-n