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

the business must supply or furnish
to the citizens of the state, living or
doing business in the communities
served by such business, under rea-
sonable and proper regulations, at a
fair and reasonable price therefor, In
adequate quantities, within the limits
of the supply, the commodity of the
business; and such is primarily the
duty of the one in the business-the
undertaking with and obligation to
the public.
(5) That to require performance
Of such duty does not necessarily
deny the sale of the commodity to
persons outside of the state uor the
transportation thereof to points out
side the state in contravention of the
federal constitution. The one engag-
ed in the business may supplyor fur
nish the commodity to citizens OF
both states, or transport the commod-
ity to points outside Of the state, pro-
vided the undertaking to furnish the
commodity to the citizens of the
state, living or doing business in the
communities served by such business,
in adequate quantities, within the
limits Of the supply, is kept and per
formed within the state from which
the power is derived. If the one in
the business may partially keep and
perform the undertaking and deny
the citizens of the state part of that
to which they are entitled, why may
not such one entirely deny to such
citizens that to which they are enti-
tied? Or, should this demand for the
commodity at the point of delivery
out Of the state be equal to or greater
than the limit Of the supply, and the
price outside OF the state more attrac-
tive than the price within the state,
then can one in the business deliver
the entire supply outside the state
and deny all duty to the public of the
state? If the one in the business has
the right to do the first, why has he
not the right to do the latter? One
in the business has not the legal right
to do either, for to do so would be to
give away, partly or entirely, the po-
lice power of the state-something
which the state cannot do itself.
Legislature Can Vest Authority in
Public Service Commission.
(7) The legislature has the pow.
er to vest in the Public Service Com
mission authority and Jurisdiction tc
require one exercising the power Of
eminent domain, and serving COM
modify, arising in the state, to citi'
zens Of the state and other states, tc
furnish the public in the state, in the
commodity served, adequate quantity
of the commodity, within the limits
Of the supply, under fair and reason
able regulations And, to my way OF
thinking, it is altogether probable
that the Public Service Commission
under the existing law has now such
authority and jurisdiction; and, If
am correct in this view, the proposed
legislation, when enacted, will be an
cilary and supplemental to. the pres
emit existing statute, and more specifl-
cally directed to one subject to the
power.
The power Of the legislature to
vest sue hauthorlty and jurisdiction
in the Public Service Commission is
grounded in the police power of the
state, and can be so exercised by the
state to promote the general welfare
and prosperity Of the state.
The courts have repeatedly sus-
tanned the authority and Jurisdiction
Of state commission, respecting the
performance of duties owed by one
exercising the power of eminent do
main to the public in the state grant
ing the power, notwithstanding that
the one so exercising such power is
engaged in an interstate business,
G. & o. Railway Co. v. Public Service
Commission, rs W. Va. 100, affirmed
by United States Supreme Court, o,
s. Adv. Ops, 1915, page 294; United
Fuel Gas Co. v. Public Service Com
mission, 70 W. Va. 571, Man. Light
& II. Co. v. OFT, Els Fed. $40; Att,
Coast Line R. Co. W North Car. Corp,
Com, 206 o. S. /; MINI. Rate Cases,
$50 o. s. 352; Chicago NJ. & st. P,
R. R. Co. v. State Pub. CON-, q. s.
Adv. Ops, 1916, page 17S.
Basis of Conclusions.
The conclusions reached in this pa