The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1914-07-23
WITH
THE PEOPLE
D;ssension in the Utilities
Case Publicly Endorsed;
Able Opinion.

case OF tilt Iuiihe5 VI ehS Ptp
utilities commission against the |
netitiye electric power companies
ring the cities of Twin Falls and !
atello and other points. The pub
=. Of this able document has been
NV delayed, but it is good reading
at thie late date. 1t shows clear
uhere Judge Ailshie stands when 1t
90 TO the rights of the people as
as companies or individuals, and
he does not fear to array himself
inst his own associates and state
cals when he believes Justice and
rights of the public demand 1t. His
ition has been clearly and openly
tanned by the public and by all of
political parties in their state plat
ms Under the ruling OF the public
hites commission the state would
q been greatly injured by the bar
! of legitimate competition in one OF
greatest factors in the development
this country that there is, that of
ctric power and lighting But the
Xtical PARTIES have come to the as
rance of the judge and the rescue OF
interests, and the commission has
" publicly modified its position. Read
| dissenting opinion of Judge Ailshie,
see the practical and sensible posi-
h he takes in this important matter:
The opinion rendered by him is as
lows.
4 seems to me that the construction
iced on the statute by the opinion
my associate thwarts and sets at
{nta tanfint, of lQUiSlqtnrP
ID renders meaningless the plain Ian
age of the statute.
Two things are made perfectly plain
Secs asa and Ash of the act. First,
bit a power company that was en-
ged in business in the state when the
went into effect should not be re-
lred to secure permission from the
omission to continue in business or
increase the capacity" of an ex-
$ing plant ''and market the products
ereof;" and, second, that the COM
|ing ahead and completing it's plant
d works and serving customers where
had secured a permit or franchise
pm the proper authorities prior to the
ilities act going into effect and had
mmenced actual construction and
osecuted the same with reasonable
igence thereafter
lt is worthy of note that the statute.
fc. Asa, closes with the following
foviso Provided that power COM
fnies may. without such certificate,
fating plants or develop new generat-
plants and market the products
Pereof." And there is Immediately
dded the following proviso in section
20, Provided. that when the COM
pission shall find. after hearing that a
public utility has heretofore begun ac-
pal construction work and is prose-
|utlng such work In good faith, unin-
frruptedly and with reasonable dill
|ence in proportion to the magnitude
h the undertaking, under any fran
|hse or permit heretofore granted but
Pot heretofore actually exercised such
Puohc utility may proceed, to the COM
P'euon of such work, and may, after
Fuch completion, exercise such right
pr privilege
rhe foregoing scarcley permits of
'onstruction; the layman can under
Pand that as well as the lawyer. The
majority opinion, however. seems to
ioo these provisos to the statute as
ausa'ory'' and that they should be
'disregarded."
me commission itself originally
s'oA the same view of the statute !
le'e above expressed, in a case desig
aa'ed as Ashton 4 st. Anthony Case.
40. F-5'. There the company secured
a franchise from Ashton on March
70, 1913, and from Marysville April Z,
- which was only short time be-
=, the Utilities Act went into effect
'ne company did some trivial work
= 's power site a couple of miles .out
OF the city prior to the going into
ee' OF the Utilities Act. The COM
!, Fs'oh held that, Under this clause
,a ue statute and under the facts Sc
IL would seem that the Ashton
~ Anthony Power company Limit
~ may proceed to the completion
', us works and NAV after sucb com.
on eva. exercise the rights and -privil.
!. srahted TO 1t by these franchises
fr, ou'd appear from the statute an
:. such findings that no certificat,
rs,,'' puohe convenience and necessity /,
,ha aied from the commission in order
esss me applicant company may pro
afte. 10 the completion of its work. ant
riss. such completion may exercise tn,
frana and privileges granted by tn,
an,," ''se aforesaid" The commissio,
tbass TO have receded from the view
expressed in the present case.
IN US now see what the facts ar,
lsao case under consideration. II
seen. me predecessor of the plaintiff
mi, from the state engineer a per
fec, or the diversion of 1000 secon,
wha, VI water from the Malad river /,
wors now Gooding county. Tha
eys.. nas been prosecuted diligentl,
been since and diversion works hav
erect INSTRUCTED and power plant
has so that about 1900 horsepowe
appros oeeh developed and utilized an
devs,Simateiy devs,a. 10000 horsepower can b
sion. ped =. under this permit and diver
sion mat in the construction of diver
WORKS and power and generatin