The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1914-06-04
CONSTITUTIONALITY UPHELD

tain permanently Naiu III NV PN'
pose of selling at cost To its inhabi-
tants coal, wood and other fuel was
upheld in a rescript handed down
from the Supreme Court of Maine.
The rescript. drawn by Associate
Justice Leslie {. Cornish. says:
1T is sufficient to say that we see
in this act of the legislature a sign
neither of paternalism nor of social
ism. We do not regard il as a de-
parture from previous legislation
but in line with it, although perhaps
one step further. The direction,
however. is the same and the advance
i is caused by the development of a
new want which has called for new
! exercise of legislative power, not an
exercise of new legislative power, and
such an advance is both legitimate
and commendable."
The matter came to the law court
on report in the form of bill in
equity brought by Alexander t
Laughlin and IA other residents oil
Portland, asking that the city oil
Portland and its officers and agents
be restrained and enjoined from es-
tablishng municipal fuel yard, from
raising by taxation the money neces-
sary for that purpose and from carry
ing into effect any of the votes where
BY the city council of Portland pass
cd a resolution in favor of munich
pal fuel yard after the voters had
cast their ballots in favor of the
proposition.
The rescript drawn by Associate
Justice Leslie c. Cornish of Augusta.
dismisses the bill with costs.
After quoting a decision in a re-
cent Georgia case in which the court
held constitutional legislative act
authorizing the city to establish and
maintain a municipal ice plant in con
nection with its water works, Justice
Cornish says: 1T requires no argu-
ment to prove that coal is as con
ducive to the health. comfort, and
convenience of the inhabitants of this
northern latitude as is ice to the in
habitants of Georgia"
In discussing its contention that
the case involves taxation for a pub
~ In IF
stitution, the court quotes Judge
Cooley's definition of a public use and
says:
Its two tests are first. the subject
matter, or commodity, must be one
of public necessity, convenience or
welfare Fuel clearly comes within
| this category. The second test is the
difficulty which individuals have in
providing it for themselves. The
causes creating the difficulty may
vary, but in the difficulty exists, the
test is met. For instance, in the
case of a water supply the difficulty
arises from the fact that individual
sources are inadequate or unsanitary
and the conditions can be remedied
only by the municipality itself provid-
ing or allowing some public service
corporation to furnish the community
at large from a single and common
source. This is a matter of common
/ ri in
upon the question of public use cam
not ignore it.
In the case of fuel the practical
difficulty is caused by the existence of
monopolstic combinations. The min
ing, transportation and distribution of
coal has, in the process of industrial
development, fallen into the hands of
these combinations to such an extent
that the greater part of the supply Is
in the absolute control of the few. The
difficulty and practical impossibility
of obtaining an adequate supply for
private needs at times in the past, and
the consequent suffering among the
people, especially in the more popu-
Ious cities, are matters of history, and
this difficulty may as well be caused
by unreasonable prices as by shortage
in quantity. All this is matter Of
common knowledge and cannot be
overlooked by the court. The supply
OF water may be inadequate for one
cause, that of fuel from another, but
out of each arises the condition which
renders the furnishing of it by the
municipality a public use.
But it is urged, why, if city can
establish municipal fuel yard, can
it not enter upon any kind of CONNER
cial business, and carry on grocery
store or a meat market or bakery?
The answer has been already indicat-
ed. Such kinds of business do not
measure up to either of the accepted
tests.
when we speak of fuel, we are
dealing not with the ordinary articles