Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-03

10 the 1eOerai government only anu uOt
upon state governments. In this matter
just compensation for property taken
for public use-the states make their own
regulations. by state constitutions or
otherwise. They are only required by the
federal Constitution to provide due proc
ess of law" Due process Of law, I may
remark. Is the keynote Of our liberties
to which all must tune their hearts-with
which the federal Constitution permits
no state to get into discord: but. In mat
tiers within its own territory every state
has the right. and this decision says 50.
to regulate by general laws the internal
management Of its own public service
companies whose charters are accepted
as are then in force or may. thereafter.
be amended or imposed by future general
avs. future constitutions. or general
legislation.
But no state can undertake to do that
sort OF thing by private or special stat
utes, nor can Congress do SO by q pri-
vate act especially enacted to affect pri-
vate charters without due regard and re
spect to the right Of review reserved In
ana by the fourteenth amendment. which
Is In as full force. vigor and effect today
as 1t was in 1887, when this famous de-
cisiOn was rendered.
In concluding. I beg to again direct
your attention to the able opinion Of Mr..
rerred to, speaking for a unanimous
court In the knoxville water case, de-
livered during the October term of last
year:
THE courts. in clear cases. ought not
to hesitate to arrest the operation Of a
confiscatory law. but they ought to re-
frain from interfering in cases Of any
other kind. Regulation of public service
corporations which perform their duties
under conditions Of necessary monopoly
Will occur with greater and greater fire.
as time goes on. 1t is a delicate
and dangerous function, and ought to be
exercised with q keen sense of justice
on the part of the regulating body, met
by frank disclosure on the part of the
company to be regulated. The courts
ought not to bear the whole burden OF
saving property from confiscation
though they will not be found wanting
where the proof is clear. The legisla-
ture and subordinate bodies to whom
the legislative power has been delegated
ought to do their part Our social sys-
tenn rests largely upon the sanctity OF
private property, and that state or COM
muntty which seeks to invade it will
soon discover the error in the disaster
which follows. The slight gain to the
consumer which he would obtain from
reduction in the rates charged by
public service corporations is as moth
ing compared with his share in the
ruin which would be brought about by
denying to private property its just re-
ward. thus unsettling values and de-
strOying confidence. On the other hand
the companies to be regulated will find
it to their lasting interest to furnish
freely the information upon which a
just regulation can be based"
It is unnecessary and perhaps would
be out Of place for me to add word
to this magnifcently reasoned out ad-
monition to the legislative mind and
to all whom it may concern.
before closing my remarks my obliga-
lions to many eminent counsel who have
been consulted as to the legal points in
volved in this case, and especially my
Indebtedness to my associates. Messrs.
R. Ross Perry & Son, for assistance de-
and filed by them in the gas cases be-
fore the Supreme Court of the District
OF Columbia two years ago. .
Gentlemen of the committee. 1 beg to
thank you very much not only for your
kind attention, but indulgence in post
poning the final hearing. for my comfort
and convenience, and I leave our case in
your keeping in abiding confidence that
you will give it fair and just considera-
ton.
I will add that I have authorities here
which I have quoted, but 1t IL not neces-
sary to weary you with them. The quo
tations are all taken directly from the
cases.
OF GEORGE c. HAZEL
TON. ESQ, WASHINGTON. D. c.
it cannot be expected in all reason
that 1 am to review the entire argument
made by our learned friend in resisting
the passage of this resolution, especially
at this hour Of the night. i diner with
him of course to an almost unlimited de-
character of this joint resolution called
the Coudrey resolution"
The misa pprehension of the counsel. not
intended, Of course, of the real purpose
and salutary effect OF the pending reso-
luton when passed into law has driven
him from his true course in giving to its
provisions the fair and just consideration
to which 1t is entitled upon its merits.
Like the noted mariner" which Mr..
Webster pictures to the Senate in his
reply to Hayne who had left untouched
the Foote resolution as to public lands
the real subject of the controversy. he
has been tossed for many days in thick
weather and OH unknown seas. He has
said much in the two hours and half
consumed In the delivery Of his argument
AMI said 1t well; but in cOnceding to II
the fullest measure Of fair and just con-
sideration which, in any sense. 1t can
claim to deserve. I fail to discover In the
whole wide range OF subject matter
and the means Of resistance in the adj
Indication of the courts to which he has
called our attention, or the principles OF
law which he has reproduced from the
text books of distinguished authors and
his learned deductions therefrom, single
point Of advantage gained or established
which goes to weaken the propriety and
necessity of this resolution as wise
and prudent means of supervision by Con-
zress over and upon the unwise and, to
say the least. imprudent conduct OF the
affairs of the corporation in the manu-
racture and sale Of gas within the juris-
liction Of the sovereignty to which it
owes its life.
l think that 1t is in order now TO
refer to the resolution itself. and see II
it carries any deadly weapons concealed
on its person; IL there is anything on
Its face or in its terms and provision to
Justify the objections raised by the coun-
Sci to it's constitutionality or to justify
his alleged anticipation of long train
to the prosperity and legitimate business
interest Of the corporation he represents
The resolution says to the gas light
companies Of the District, You her by
prohibited from issuing any bonds. certifi-
Gates of Indebtedness or any other evil
dence Of debt except such an evidence OF
debt as shall actually be required for the
payment of necessary betterments and
only. unless you get from
The Washing, on Gas Light Company
knows, or ought to know. that it has
Issued the evidences of debt embraced in
the classification prohibited by this reso-
luton without the consent OF Congress,
and 1t knows full well that it cannot get
the consent Of Congress for that purpose.
Possibly that may be the real ground
which actuates interests now to the pas
sage of this resolution.