Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1919-05-03
STATE SEEKS TO
BRING NEIGHBOR
INTO HIGH COURT
Motions Filed in Supreme Tri-
bunal Asking Permission to
Sue West Virginia
BIZ associated Press.

Washington, May a. Motions
were filed in the Supreme Court to-
day by the States of Pennsylvania
and Ohio asking permission TO in
stitute original proceedings Cor the
PURPOSE of preventing the State OF
West Virginia f"c.n enforcing
state law enacted last February
which would prevent natLrtl gas
from: being transported OUTSIDE tne
state until domestic needs had been
satisfied.
Preliminary steps will be taken at
Washington to-day by the state oil
Pennsylvania to carry out the intent
of the legi-'0tive resolution authorlE-
ing the Attorney General TO enter su''
against the State of West Virginia on
Tround that its new law regulating dis
I tribution of natural gas is discrimlna-
tory against citizens of the keystone
state. Attorney General William l.
Schaffer has named A. Leo Wei, an
attorney of pittsburgh, TO represent
this State when the motion for leave
TO file the suit is made in the supreme
court of the United States at NashIhS
ton. The motion will be 10 couhlence
the proceedings under original Jurls-
diction of the nations highest court
and II such consent is given py 'le
court the Commonwealth OF PennSyl-
vania will ask an injunction TO restrain
the State of Pennsylvania from en-
forcing the act which is to become Ell
fective on May II. 1t is understood mere
that the State of Ohio, which wouIu DE
affected to an even greater extent thah
PENNSYLVANIA will also ask leave u
sue in the Supreme Court tomorrow
information reaching here is that ac-
tion at law is being considered by state
authorities of Maryland he"'"N"' ca"
West Virginia.
This will be the first time two states
have ever proceeded at the same tinie
and with the same object against an
other and the question OF naturat re-
sources will loom large. 80.
Mr.. We'll went over the plans WIN
the Attorney General and left last night
for Washington. He said that lhe az
tion was first to obtain leave to ask
for the Injunction and then to press
FOR a restraining order on the ground
that relations between the states are
involved and that West Virginia De
directed not to enforce the act. Inc
Attorney said that the Supreme court
had taken original jurisdiction IN other
suits between states. The resolution
authorizing the suit set forth that the
act. passed in West Virginia to give
residents and industries OF that staie
preference in supply of gas, lnVoiVed
immense investments by PennsylVanlanS
ond Mr. Well said that If the law was
enforced, it would cost millions or DOL
lars to readjust heating appliances IN
pennsylvania homes and Industries ana
suffering in charitable institutions as
we'll as residences and other places
where gas is extensively used as iuel'
According to Mr.. Well great part
of Western Pennsylvania is a consumer
of West Virginia gas. He estimated
that thrty-five per cent. OF the haturhi
ras burned in this State is produced
and mined from West Virginia and that
the southwestern counties and districts
as widely separated as Altoona ana
oil CITY were supplied with gas from
the fields in the neighboring state Inc
counties which the petition for leave 10
and will aver would be affected by the
order are: Allegheny. Armstrong, Bea-
Yer. Blair, Butler. Cambria, CLARION
Clearfeld. Crawford. Fayette, Greene
Indiana, jefferson. Lawrence, Mercer
Mexican Somerset, Nenango, warren
and Westmoreland.
Mr.. We'll estimated that 100000
Pennsylvanians would be ahected ny
enforcement of the order and that there
would be 100000 consumers inconNenl-
enced aside from the industries. lie
said that because of the act so many
changes of appliances would have to be
made that il would favor West Virginia
Industries that some of them would al
most become monopoles.