The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1914-01-29
Power of Public Service
Commission Unlimited
SWEEPING DECISION HANDED
DOWN BY SUPREME
COURT
In the Appeal of Huntington Gas
Co.-Acts of Commission Not
Renewable by Courts.

Special Dispatch Co the Intelligence.
CHARLESTON. ~. Va. Jan.
2s.-That the West Virginia Pub.
lie Service Commission has al
most unlimited power IN reaulst
ing rates OF public service eorpor-
atoms and that there is no appeal
from the orders Of the commission
IS the decision OF the supreme
court Of appeals today IN the case
Of United Fuel Gas company vs..
Public Service Commission in
which the court refused 70 suS-
pend the order OF the commission
and dismissed the plaintiffs peti.
ton. The court holds that upon
applications under the Public Ser.
vice Commission law the iurisdic-
tion OF the court is original, not
appellate and leaves open 70 petit
boners remedy by prohibition and
nSnoamus as held BY the supreme
court OF the United States with
respect TO orders and Jurisdiction
OF the interstate Commerce Com
mission. The supreme court OF
the state holds that the orders Of
the PUBLIC Service Commission
are final and not subject TO iudL
eial interference on review unless
"tl beyond the power which IL
could eonstitutionsliy esercise:
or " beyond ITS statutory power.
or 80 based upon a mistake OF
law"
SO long as the commission acts
Within its constitutional and statutory
limitations its powers or regulation
arr legislative and administrative and
not within the Jurisdiction of m !
courts The Judgment of the commits
sion in such cases on questions of
eNpediency and as TO what is best FOR
viewable
The case Is the first test ~ the
powers OF the public service commits
sion created by act of legislature az
1913. Since the powers OF the com
mission are upheld other orders will
De issued by tho commission in the
near future
First Test Case. .
The test case went up from the
city OF Huntington where the peti-
tloner supplies natural gas Tor fuoi
az IL does IN other towns in the south-
eih part OF the state. In Huutington
lhe gas company furnishes gas TO do
ihtstlc |, consumers at % cents per
LOCO cubic feet
contract TO use the gas for dye
years the rate was made - cents
feutions we're filed with the commits
Sion by X. ID. Wiley. FLOYD s. Cha-n-
man and the city Of Huntington.
chaf glng that the rates were discrim'
lnatorv and eXhorbitaut. The com.
mission did not pass upon the oues-
tion OF reasonablenrss OF rafc but
held that the two different rates were
and must be abandon.
ca, ne gas company appealed.
Inc lowers Cf the commission we're
generally questioned and violation of
the federal and state constitutions
We're alleged, and especially a. 10 the
setting aside OF the contracts on the
other hand 10 was alleged the con
tracts were offered as means OF pre-
venting competition for number OF
Exercise Of Police Powers.
The court holds that tho movers
conferred upon the commission is an
exercise by the state Of its police
power. and further holds that the
contracts for Identical service CON
stliuteS no lawful basis for a dis
elimination IN rates. especially when
the manifest object of such contracts
Continued on Page Nine1