The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-07-06

| would be TO give away. partly or entire-
| ~. the police power OF the state-SoHe-
| thing which the state can not 90 ltse!l'
OF course it, may be argued that ~
require on IN such business 70 lu[h,sa
an adequate quanty 10 the public OF the
! state entitled TO be served. within inc
| limits Of the supply. would interiors
with interstate commerce In the CONNIE
dity. Not at all. The quantity deliT-
I cred TO tho outside consumer may De
| less indeed may be cut off entirety.
| Whether it is or not may be dpendent
upon the attitude Of the one in the ouSl-
! ness on account Of his failure 10 PROVIDE
| adequate facilities 10 furnish the puoiic
| In the state and consumers "ithout INC
stat; or because he has contracted 10 de-
! livor 10 consunrrs without the stale
| greater quantity OF the commodity IMAM
! he has n supply TO furnish the puollc ot
| the state and the consumers without the
state-thereby making an unfortunate
situation for himself as we'll as nc con-
sumcrs. III either event. interference,
! ii interference mt all it Is with interstate
commerce, to so require one to Keep and
perform his undertaking with the pubic
| Of the statc-is All indirect and lncldcn-
! tai Interference and. therefore, not IN
violation Of federal provisions.
A Distinction.
(6l II is believed there is clear dis.
tinction between the proposition stated
! and cndeavored IL be demonstrated anu
| the proposition arising and decided by
| the tho Supreme Court Of the United
| States in West V. Kansas Natural Gas
/ Co, 22l l.. :. 29y oklahoma enacted a
statute prohibiting the construction CT
| pipe lines for natural gas or transporta-
| ton Of gas except by domestic corpora
! lions; aud then only for transportation
| and delivery Of natural gas 10 points
within the state: and expressly forbid
| ding the transportation and delivery 10
points outside the state. The statute
! came before the Supreme Court or the
| United States. asSallcd as in conflict
! with the provisions Of the federal con-
Stitutlon. The state asserted and large
! ~ relied Tor defense of the statute upon
| the proposition that the statutes "rul-
| ng principle is conservation, not COM
! mrrcr: that the due PROCESS clause Is
! tho single issue. Tile majority OF tho
court held the statute invalid as inter
| rering with interstate commerce and not
! Justified AZ an exercise Of the police
| power "r the state 10 conserve its nat
| ural resources.
Legislature Can Vest Authority in
Public Service Commission.
tO The Legislature has tlr power to
| vest In tho Public Service Commission
! authority and jurisdiction ~ require
one exercising the power III eminent do
| main. and serving II commodity. aris'ns
| IN III" state. t. ,itIH"hS al the stat" ami
I, other Stuic, to furnish ~ the public in
| tn" stat. III tll+. community served. AIDE
uuntr quantity OF tho r"tnnl"diiy. within
tho limits Of the supply. und"r fair ana
, reasonable regulations. And. Ia my way
ct thinking. II ~ aIt"crihrr probable
that tho Public Service Commission. un-
der the existing law has how such ALL
ihoriIy and Jurisdiction: and. II | am
c"rrrrI in this vIrw. the proposed leEis-
latinu. when enacted. VIII l." uncillary
and supplemental 10 III" present "NistinS
statute. and more specifically directed
, Ia orr subject to the power.
rho power OF tn" lrEi$lriur' In vcSt
such authority and Jurisdiction III tn.
+ IuhliC Service Commission !" grounded
I'm the police power uf III" state. and
can be- 50 exercised b. the state 10 pro-
mote the general welfare and prosperity
Of the stale.
The courts have repeatedly sustained
the authority and JurIdctinn OF state
. commission. respecting the perform
unrr OF duties owed by ono. exercising
the power III eminent domain. to the
public In IN" state granting The power.
Notwithstanding that the one 81 cXcrcis-
Ing such power - engaged in an inter-
stat" business. {. l. .. Railway Co. V
Public Service Commission. - W. Va.
100. affirmed by United States supreme
Court. t.. s. Adv. ops. 1916, page 934:
, United Fuel Jas Co. Y. Public Service
Commission. IS W. Va. Sal: Man. Light
& II. =. V OFT, :lJ Fed. @40; Alt. Coast
Line X. CO. y North Car. Corp. Com.
- l -.
a5": IhchS" NJ. ~ ST r. X. l.. Co: V.
state Pub. Com. /. =. ADV ops, 1916.
page -.
81 As already pointed out. grant OF
The right to "AGrCiSc the power OF emf
ucnt domain Is primarily Tor The benefit
Of The T'uh!lr, IN the state granting the
right. The right |" condemn will not be-
denied however. berauS" citizens and
communicating other states VIII b. ben
Fitted thereby: comfy Will extend such
have IN.
other states. To the extent uf supply
their requirements to the tHllrSI degree
II the one carr. wing OIL the business can
DO so and yet perform his undertaking
with the state which granted the right
but the benefit 80 extended. as comfy
between the stairs IL merely incidental
10 the right granted: and being merely
incidental. will not therefore defeat the
primary purpose OF the grant. To re-