Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-08-03
Editorial Comment.
The Electricity Act.
portland Press.)

Inconsistency with the historic
states rights doctrine of the party,
portion of the Democratic press in
Maine is engaged in contending that
the State of Maine has no power to
protect itself in the conservation of
it's water power resources and the de-
velopment of it's manufactures, and
that the electricity act lis worthless
because it runs counter to the power
of Congress to regulate interstate
|commerce. But how do you know"
that the act is constitutional until
you have heard from the supreme
court?" asks the Lewiston Sun. And
it adds: Until we hear from the SUI
preme court We believe the Maine act
is unconstitutional Very well, then.
One credo is as good as the other.
Until we hear from the court to the
contrary, we believe the act constitu-
tional. The Sun continues:
The logic of The Press seems to be that
Congress would not interfere in the trans
mission of electricity because it is uSur-
patton and the supreme court will not let
Congress commit the offense of usurpa-
ton. That is confidence childlike. The
supreme court won't let Congress usurp.
But the supreme court is not police
man.-doeS not step in and forbid Con-
gress to pass a particular act. The SUI
preme court does nothing till case is
brought before it. 1t may be years after
the act was passed by Congress, or years
| after an act of a State legislature. I'm
less someone has at stake rights so val
] liable that he feels driven to legal pro-
I ceeding to enforce them the act of Con-
gress or legislature is treated as binding.
Take this Maine electricity act 1t
to do what the Maine statute forbids-or
at least care enough to take the risk of
costly delayed litigation. Practically the
citizen is not protected against Maine $
uSurpation. Then after a decision of the
supreme court. or without a decision.
Congress might enact a statute about in
terstate electricity: that would be the
law till case brings it before the SUI
preme court.
Meantime, we would like to have the
Press apply this principle. which has
been stated by the supreme court many
times and stated again at the last term:
lnaction by Congress is equivalent to a
declaration that interstate commerce
SHAN remain free and untrammeled. Will
the Press claim that interstate COM
merce is free and untrammeled when
Maine is forbidding the transmission of
electricity?
1t is true that Congress sometimes
does things that turn out to be I'M
constitutional, but that does not af-
feet the principle. AS soon as the act
Is adJudged unconstitutional. il
ceases to be of effect. That is WHY
Congress cannot ''usurp," save tenn
porarily and unwittingly. AS to
the Maine act the legislature says
nothing about interstate commerce.
1t does not assume to say anything
about what shall be done outside of
the State confines. 1t rests its
power solely on its chartering func-
t1on. Before electricity can be
used. 1t must be generated. That is
manufacturing. and before it is man.
fractured by corporation, the cor
poration must secure a franchise. The
legislature may and does affix condi-
tions to the license. 1t is plainly. we
believe, within the power of the leg
islature to provide that no corporation
shall send electrical power out of the
State on penalty of forfeiture of it's
charter.