Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1916-08-21

males of militia age. number OF pupils
enrolled in common schools, value of
products, pig iron pro-
duCtion.
Fourth in-number of men of vot-
ing age, number of daily newspapers
published, number of institutions OF
higher learning, number OF persons
engaged in farming, value or pubic
property. including institutions, arm
cries and schools.
Fifth in--petroleum and natural gas
production.
Eighth in-population per square
mile
Fourteenth in-literacy.
Twenty-third-in area.
Commission Rulings Sustained.
Appeals from decisions of the Illi-
nois public utilities commission have
resulted, in the majority of cases, in
victory for the commission. Since the
creation of the commission, only thir-
teen cases have been reviewed by the
supreme court. Nine of these were
affirmed and only four reversed. OF
the four reversed, two involved orders
of the railroad and warehouse com
mission the predecessor of the utill-
ties commission.
Enough cases, however, have been
appealed to fix certain questions here
tofore not entirely clear. One OF the
very first problems which the new
commission had to contend with was
What is public utility"
In none of the cases thus far reach
ing the supreme court is there such
full discussion of this question as IN
the case of the state public utilities
commission VS.. Monarch Refr1gerat-
ing company 267 Ill. SIS.
In that case it was shown that long
before the passage of the public utili-
ties act, the corporation defendant
was operating a general warehouse
and cold storage plant for storing
| fruits, vegetables, food and dairy pro-
| ducers for producers and shippers who
sometimes disposed of the ownership Of
| these goods while they were in tran
sit: or the goods were stored and held
until there was a market demand for
them.
/ There being no express provision in
the statute covering warehouses or a
| business of this kind. it was strongly
/ contended that the only warehouse
that came within the meaning of the
act was a warehouse for the storage
of grain In affirming the order Of
the commission holding to the con-
trary, the supreme court said:
| Whether a given business, indus
! try or service rendered is a public util-
! ity depends not upon legislative def
milton but upon the particular facts
and circumstances in each case. 1t is
the nature of the business rendered
/ it's public character-that makes it's
regulation a matter of public conse-
quence or concern because it affects
the whole community-th stamps it
with such a public interest that it is
property subject to legislative super
vision and control.
"The legislative declaration that a
certain business shall be deemed a
public utility would not make it such,
if in, fact, the business as conducted
/ is not impressed with public use or
carried on for the public benefit.
1.-The act does not create but only
regulates existing public utilities. Its
warehouse and storage plant is not
conducted or operated for the pur-
pose of storing and preserving goods
of merchandise purchased and owned
by it, but, on the contrary, is devoted
to receiving, storing and preserving
goods or merchandise generally for
the public or for all who may see fit
to use its plant, to the full extent of
its capacity We infer that without
this public patronage appellant could
not maintain or operate its plant
proitabIy, and to the extent that it
has held itself out as public ware
| hOuseman and has impressed it's bust
ness with public use, it is subject
to legislative control as to rates Of
storage and other matters within the
Limitation prescribed by the constitu-
ion
This decision settled in the affir1na-
tive the troublesome question as to
whether such warehouses were public
utilities.
In state public utilities commission
VS.. Noble Mutual Telephone company
26S Ill. Ill, it was decided that a tele-
phone company organized on the
mutual plan and not for profit which
operated a telephone exchange under
an ordinance making it obligatory up
on the company to render service to
all the residents of the village, except
to members of commercial telephone
companies, and which rendered serv-
ice only to its members at cost, is a
public utility within the meaning of
the public utilities act
On the other hand it was decided in
state public utilities VS.. Bethany Nut
ual Telephone Association 270 Ill
1873, that a telephone company which
| is organized under its charter to en-
gage in public service or to devote its
property to public use is not a public
utility nor within the jurisdiction of
the state public utilities commission
| Other decisions of the supreme
| court have upheld the right of the