The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-07-05

der such conditions, circumstances
and obligations to the citizens of the
state, that under the police power Of
the state, applicable thereto, the
state may enact and enforce laws re-
specting such business, so that the
principal commodity Of such business,
arising in the state, shall be furnish
ed or supplied to the citizens of the
state, living or doing business in the
communities served by such business,
to the extent Of an adequate service
to them, within the limits Of the sup
ply; IL necessary, even to the extent
of the entire supply Of the commod-
ity, to the exclusion of the citizens Of
other states desiring such commod-
ity; and this, Notwithstanding that a
part o fsuch business is supplying or
furnishing to citizens Of other states
such commodity by existing means
for transporting such commodity
from the source of supply in the state
to the point Of delivery in other
states for sale there to citizens there
of.
If it be said that the proposition as
stated amounts to restriction of the
sale of the commodity into other
states, by or through the means of
transportation thereof, 1t is answered
that the restriction, if a restriction, is
one under the police power Of the
state reserved to itself for the gen
eral welfare, happiness and prosper
ity of the people of the state; and,
further, that the exercise at this pow
er for such purpose is not in conflict
with the commerce clause or other
provisions OF the federal constitution
respecting the flow of commerce
through interstate channels; or, If it
Is claimed the interstate commerce
Is affeced thereby. that it is only af-
fected indirectly and incidentally and
not in violation of the provisions of
the federal constitution. The demon
stration Of the proposition will now
be attempted.
The Demonstration,
Let it be assumed, for sake Of dem
onstration, that the commodity either
Is powe ror energy generated by a
hydro-electric company operating I'M
der the provisions of chapter II, Acts
1915, or natural gas supplied or fur
nished by one engaged in the bust
ness Of transporting or furnishing or
both transporting and furnishing nat
ural gas for public use-suCh bust
ness as is described in House Bills
401 or 16, hereinbefore described.
The water power act and the gas bills
are mentioned, not to single out or
limit the application Of the principle
Of the proposition to the specific bust
ness mentioned in each instance re-
spectively, but for the reason that
said act and bills furnish concrete
tangible-instances Of legislation al
ready enacted or sought to be enact
ed.
~ The business in each instance
deals with a commodity necessarily
and absolutely needed by the public.
True, the commodity in each instance,
when reduced to possession, is COM
modify belonging to the owner and
may be the subject Of both Interstate
and interstate commerce. It is not
commended that the state has the pow
er to forbid the sale of such commod-
ity to persons out of the state nor the
transportation thereof to points out
side the state; on the contrary, 1t is
at once conceded that the state does
not have such power.
C2) In each instance the one en-
gagged in the business has the right to
condemn property for the uses and
purposes of the business; this. Of
course, upon the ground that the
property so condemned will be de-
vote dto public use.
go 1.-THE public use for which
property may be taken is public use
within the state from which the pow
er is derived. It seems to be an adj
mitted fact generally, that the power,
Ilnheres in state for domestic use
only, to be exercised for the benefit
of its own people, and can not be ex-
tended merely to promote the public
use of a foreign state" Lewis Emil
nent Domain.
(4) Therefore, It is concluded, in
each instance, that one engaged in