The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-13

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powers not specially delegated to tie
federal government were reserved "a
the states. It Is difficnit to define
ttose powers. but certainly they extend
TO and cover the right Of the state to
secure and promote the general vel.
fare. and the great public needs and
these have been construed to be ma.
tsrial as we'll as moral needs. II this
lie true, and ! think 1t Is, then the
state, through its inherent police
power, may protect the physical, moral
and material well.being OF Its citi.
zens. Through the exercise OF that
rover. even though 1t incidentally In.
terriers with Interstate commerce.
Assuming that position to be cor.
rect, has the state any machinery
through which these powers may now
be exercised In protecting the physi.
cal. moral and material welfare Of the
people from shortage Of gas,i gas
exists IN the state and such shortages
occur?
I believe It has such mS.hinery In
the person Of the Public Service Com.
mission and that the Commission has
the power, under the statute creating
1t, to deal with the situation Section
2 Of chapter $50. defining the jurisdic.
ton Of the Public Service Commission,
provides. among other things, that the
Jurisdiction Of the Commission shall
extend to and include:
"(c) Gas companies. electric
light companies and municipali.
ties furnishing gas or electricity
for lighting, heating or power pur-
poses"
Section 4 Of the same chapter pro.
yides. among other things, that:
Every person, firm or corpora.
ton engaged in public service
business in this state shall estab.
lish and maintain adequate and
suitable facilities, safety appli.
ances or other suitable devices and
shall perform such service in re.
spect thereto as shall be reason
able, safe and sufficient for the
security and the convenience Of
the public"
have repeatedly suggested to indi.
yiduals that believed the Public Ser
vice Commission had power to deal
with the gas problem, power to make
and enforce orders requiring the gas
companies to discharge their duties to
the people of this state, as public utili.
ties, as far as their facilities and the
supply Of gas would reasonably per.
NIT. am Of that opinion now, but l
want you and the people generally to
knntu that ~ n IN, g. IT,
power vested in the Commission and
IL broader statutory powers are neces-
cary to authorize It to make the proper
orders, or II, when such orders are
made the courts should hold the Com.
mission has exceeded its power under
The statute, am ready to convene the
Legislature in special session and ask
1t to give all the additional power and
authority which the Legislature can
grant within proper constitutional lin.
4 itations.
A special session Of the Legislature
is not a subject to be treated lightly
II involves expense, confusion and in
conveniences, and there are several
vacancies which would have to be
] filled, but II public necessities out,
weigh these objections. they will be
promptly set aside.
New statutes do not, of themselves
remedy conditions. Laws, unenforced,
are useless and harmful, and tll.consid.
cred and unconstitutional statutes in.
vite expensive and harmful litigation
Nor should the state put itself (even in
t!esperation) in the light of an outlaw
among her sisters, or as seeking to
wall herself in or as defying the Fed
eral compart. Such a course, even
though temporarily advantageous to
some people, some industries or some
sections. would, in the end, be not only
embarrassing but exceedingly harm,
full.
I realize that, In trying to be open
and frank, am liable to be misunder.
stood and lay myself open to criticism.
hut know no other method OF dealing
with public questions.
1t must be borne in mind that the
Legislature, in the beginning, imposed
en- gas and pipe line conpnaies no such
restrictions as are contained in Chap.
ter II OF the Acts of 1915, which deals
with Hydro.electric companies, Sec.
ton 26 Of which Is as follows:
Sec. 26. ANY corporation which