The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-12-14
SPECIAL SESSION
CONTINUED From Page one.)


will compel the gas companies To FUR
nIsh n sufficient amount Of natural gas
fnr tho needs Of tho people and factories
NJ the source Of supply before trans
rurting any out Of the state.
Tho thought Of obtaining popularity
nr even the dcsir" tn render service 10
tho state and Its people. will not war
ant me in converting tho legislature FOR
the purpose of passing nm act which, IN
my honest and mature Judgment. woulo
hc void and Ineffective because OF vto-
Iation Of the federal constitution (or
any clause of i'd which have taken an
oath To sustain and support. ! would
no, he honest If did not say very
frankly that, under the conditions now
existing and without legal limitations
jmr0scd when tho gas companies were
admitted to do business i'll u" state l
do not believe the Legislature can iintlE
and definntly provide fur gas LOT west
Virginia first that It enact vail" S'h-
1utc which Will compel tho gas c"Inpan'
les to supply all the demands Oh c'tl-
Zcns and industries Of TINS Slat' "'lu'.
Transporting any of ii out I'll inc s'H''
ar as a condition precedent ther't"'
an, morally certain such statute "oui"
So ho,d 70 bc Interference with inter-
state commerce. qs WAS somewhat sun
liar statute enacted by the oklhhcma
Legislature.
Sees Remedy.
"IIowever I am not unmlndiui that
,rhcn the federal constitution WIS
framed tho states reserved to thcM-
selves their inherent police powers anu
that hy the tenth amendment all powers
not specially delegated TO- the l'utE"'
Government wero reserved to the states
II IS difficult to define those powers
hut certainly they extend 10 ana cover
tho right OF tlrc state IN secure ana
promote the general welfare. ana inc
great public needs and those have pSeU
construed TO be material ms wcli III
moral needs. IF This be true. and l
think II Is. then the state, through us
inherent police power. may protect the
pbvsical. moral and material wcll-bcinE
of it's citizens. through the exercise OF
that power. even though II incidentally
interfere with Interstate commerce.
Assuming that position 10 be correct
has the state any machinery through
which those powers may now ne eNeT
ciscd in protecting the physical moral
and material wrlfarn Of the people from
shortage Of gas. if gas exists in the
state and such shortages occur
l.. II believe 1t has such machinery in
tho person Of the public service commits
power. under the statute creating 1t. 10
deal with the situation. Section OF
. Chapter l5n. defining tho jurisdiction OF
the public service commission. provides.
among other things, that the juriSdir-
ton nC tho commission shall extend ~
and Include:
"'(C) gas companies. electric light
compnnirS and municipalities furn-
Ishing gas az electricity for light
ing. heating or p"w"r purposes
Section 1 81 tn" sam" chapter
provides. among other things. that:
EVERY p.rsnr. firm rr corpora
tIom engaged dn Il public scrvic"
business in this stat" shall rSiah-
lish and maintain ud"uuat" and
Suitahi" facilities. safety appliances
or Other suiIHhl" devices anil shall
perform such service in respect
thereto rs shall hr reasonable. safe
: mud sufficient for ia" security and
the Cunvcui"nr" At the public
Powers Outlined.
II have repeatedly suggested to in
div!duHls thu; lmi"vcd the public
service commission has power 10 deal
with IN" gas pr"hl power {" mnk"
and enforce orders requiring The gas
companies IL discharge their duties To
the pcnpI" uf this state. as public uril-
; ''"S' 'S ''r 'N ''',',' ''"''lII,S '''''' wv
; ,"PFIH' ~ 80 N""t" '''>''''''"! ~. ''''
'''' y, .''' ''i'.n'.'' I''M' ','' ,.,,
~! !.'" w" .,
vested in ihr commission and If hrnnd-
,hnri,. :, -, ,,,.,l.. Tho rrnnrr orirrs
, or If. when such orders arc mad" III"
courts shnIlG held .tli'i commission has
exceeded it's power under III" statute
I'm snocial srss.,u,, md nsi II IA riy,. all
the addj,innri u.wrr and authority
which The c,.,Siuit;y,. can grant within
prnncr constitutional limitations.
~ special .:...+sin,I al Ii" legislature
Is mt II suffice: L. b.. treated lightly
1t involves "Np"n.''. confusion AMI in
(; Cnnvcui"nr"S and lh"r" Irr several va
I ran"l"s Whl'h M"niu !!AN" !" l": tl!i'd
hut II pubic n'''SN,,h'S ""'w"'Eh th'S''
""!''"'"S. ''"!' WI" IVY I"''P''E ~
ANY, 49,.
49, ~,
!. 80,
''''' 80
I...' " ,r'., ,;.'.
H. L.,,,I ~. ,..., ,,,,, ;,,.rr I,;...,
I ;r ,..,,,-,iir, It, ,h, ii,.r, nr ~, an,
l,w ,n,,ur l,,.r sis;,.rs 81, ,s s.Lin,.
tn wall herself IN ar =. l.rylur thr
federal ,'miu,a,i. Surll Il course. rv.!l
though temporarily ahvnnial:ruus to
S"uc $rrli":.S. Tvut.!i. in thu "ui. y"
uut rnly "nharrt&%ini: ESt exceedingly
harmful
Defends His Course.