The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-07-05
NEST NJ. EIRSI
(contInned from raee u

Tttfd tie ptpe Inc companies were
poti the owners and carriers Of tho
gas transported out Of the state and
had and exercised the right Of emil
hent domain. Pnrenthetically, the
state ranks hfgt in the volume Of nat
trial gus produced, ths production be-
ding approximately 39% Of the total
for the United States and 55% per
Ssnf Of 'A' total f0F 'n' Appalachian
During recent years, especially in
The wiutcr seasons, much dissatistae-
hon has arisen, particularly in the
northern part Of the state, on account
be inadequate quantity Of gas furn-
lshed and delivered to consumers
domestIc and Industrial. In certain
communities industrial plants have
been compelled TO suspend operation
ind domestic consumers have suffer-
+ ed for the want Of heat In their
homes and even inability to prepare
their meals. Indeed, independently
Of winter conditions, some eommuni-
ties are threatened with industrial
prostration-so far as they depend
upon natural gas for fuel, and indie
fVsuQSuIlS VI GOtkl 1OI luOA'
AT the regular legislative session
lin 1917, House Bill No. 401 was pass
ed by the House Of Delegates, and at
The Second Extraordinary Session In
1917, House Bill No. 49, Of like ma
ture to No. 401, passed the House.
The bills, by their provisions, con-
terred authority and Jurisdiction in
the Public Service Commission to re-
aiire compliance with the act. The
opponents OF the proposed law denied
the power OF the legislature to enact
the same and earnestly insisted be-
fore the legislative committees that
the proposed law was in violation OF
the commerce clause of the federal
cUnstitution.
Two Great Powers.
A discussion of the subject assign
ed to me requires consideration Of
two great powers-each Of such pow
srs possessed by sovereign govern
tient. In the exercise Of these pow
ers by the respective governments
there Is a twilight zone-in which, at
times, 1t may be difficult to define the
precise line Of division in the exercise
Of the respective powers.
Exclusive Power of Interstate Com
merce in Federal Government.
1.-THE congress shall have power
to regulate commerce
with foreign nations, and among the
several states :" This
power was granted by the states to
the federal government by the ex-
press terms OF the federal constitu-
ton. And, again, by the express
Z terms Of the federal constitution, mo
tax or duty shall be laid on articles
exported from any state
No state shall, without the consent
otcongress, lay any imposts or duties
on imports or exports, except what
may be absolutely necessary for exc
cutting It's inspection laws"
The trainers of the constitution
were wiser in their day, even than
they knew, when they incorporated
into the federal constitution the
grants OF power to the federal gov
eminent respecting Interstate COM
Iierce.ys, This statement must be con-
coded when we but consider. the i'm
nense volume Of interstate trade, the
tremendous machinery engaged in its
tlahspo the lightning flash Of
Communication, the wonderful dis
c6Yeries of science and material re-
sources, and the startling social de-
yelopments of the present day. The
nation owes its commanding position,
In so many lines, among the nations
Of the earth today, very largely to the
provisions Of the federal constitution
above set forth.
The foregoing provisions have pre-
vented our nation from being made
up OF number Of petty commercially
warning nations-each commercially
Jealous Of the others-each seeking
retaliation Of the others. Congress
and congress alone has full and plen-
afgspower over interstate commerce,
and with this power no state can In
terfefe; therefore any Jaw enacted by
state forbidding the sale Of COM
modify IN interstate commerce, when
that commodity has been reduced to
the possession Of a citizen, or the
transportation thereof, in lawful
manner and for lawful purposes
Eifough the channels OF interstate
commerce, is In conflict with the fed
erai constitution and, therefore, In
valid. The great purposes Of the ma.
tioh, Us q nation, would be stthed
] were the state permitted to restrict
the.free, lawful flow of commerce be-
tween the states. And, moreover, II
4 state possessed the power to forbid
the sale Of It's natural products into
other states, then the highest possible
development of a state itself would
not be accomplished. Nature, in her
economy has widely distributed her
natural wealth. It is in the assem-
bling and combining Of the natural
products Of the several states by hui
man energy-requiring the building
ana opearting OF great arteries. OF
commerce-inspiring the genius Of
i man--that society makes great ad-
yances. And after all, the state, that
"a wisely and honestly governed In
the interest Of and for the good OF
ail. is the truly great commonwealth.
9eserved Police Power In the States.
When framing the federal consti-
tuition. however, the states reserved
to themselves their inherent police
mower; and, further, by the 10th
Amendment to the federal constitution
n wns expressly provided that THE
Dpvers not delegated to the United
states. nor porhlhited by 1t to the
siates are reserved to the states re-
gpectively, or to the people"
Tie uoiice power reserved to the
-