The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-24
ACT
NOW UPHELD
SUPREME COURTS
DECISION IMPORTANT
State Commission Required
TO Give Hearing for In
creased Gas Supply

Charleston. w. Va. Nov. -J--IUuEH
William y. Miller. in the stat" supreme
court here today issued AN order setting
aside recent decision of the public
service commission in refusing to hear
n petition of the Kelly Axe Manuf:tr-
turing company OF this city for fddi-
commission in its refusal /" hear the
petition pointed out that 10y so doing 1t
would violate Il federal injunction and
Judge Miller'S order sets aside tho aC-
ron of the commission and requires 1t
10 hear and determine the case as pro-
vidcd by law
Opinion Concurred In
Judge Millcr's opinion. concurred with
by the other members of the supreme
court. says at one point: certainly the
federal injunction cann)t be interpreted
as denying TO the commission its au-
thority 10 require the defendant (thc
United Fuel Gas company) TO perform
its duties 10 the public. though fursoOth
such service might incidentally divert
some OF the gas produced here from
going into the state of Ohio.
Tho opinion was issued In ruling upon
n petition Of the Kelley Axe Manuf;C-
turing company. OF This city, and other
concerns, to suspend an order of the
public service commission in which the
commission refused to take any action
upon Il request of the axe company for
additional gas service upon the grounds
that II was prohibited from taking aC-
ton by the Injunction against the Step
toe law, rs one Of the mains from which
tho additional gas was TO he drawn
leads into connections with Cincinnati.
Ohio. The case was styled Kelly Axe
Manufacturing company and others
against the United Fuel Gas company"
The Decision
The supreme courts order today sets
asidcthe order OF the commission dis
missing the proceedings and requires it
to hear and determine the case AS re-
Quircd by law.
The supreme court ruled:
a. The public service commission
has jurisdiction by the law OF its cre-
alton, and independently Of chapter IL.
acts 1919, known as the Steptoe law.
TO hear and determine complaints
lodged with it respecting the service or
want oc service of Il public service cor
porstion against It's injunctions.
(2.) An order Of injunction awarded
by the supreme court of the United
States in The suit OF another state
against this state. commanding 1t and
its officers. agents and servants and the
several persons IN power under its nIl
thority that they deSiSt and refra In
from in any way interfering with the
transportation Of natural gas from and
out OF this state and into another state
under authority OF said statute. should
not he construed as intending 10 prohib-
II said commission from enforcing per-
alton Of its duties, TO tho RnhlIc-sarNed
In Ttne state. not infringing some con-
stitutional right protected by the fed
ts.5 When Ill public service commits
sion dlsm!sscs Va proceeding before il
upon the grounds not Justified, this
court will not, in advance OF the final
decision OF the case on its merits, un-
dertake finally to dispose thereof. but
will set aside its order and command IT
TO hear and finally determine the case
according to law.
Commission In Error
Tho West Virginia supreme court held
the public service commission in error
in referring its jurisdiction solely upon
the Steptoe law, which was designed to
be enforced BY the commission. and also
in it's Interpretation Of tho United
States supreme courts order pf injunr
tion. The language Of tho injunction.
the supreme court held, shows that It's
only purpose was to prevent regulation
of Interstate commerce.
The federal injunction cannot be in
terpretcd. states the opinion. rs denying
to the commission It's authority to re-
quire the defendant TO perform It's du-
ties to the public. although such ser
vice might Incidentally divert some Of
the gas produced here from going into
the state Of Ohio"