The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-07-31
Trends
Altruism Gets the
Best of Utility
Company.
by VINCENT LYONS,
Times Financial Editor

A LTRUISM is a noble thing It
"A becomes a mother, but doesn't
look nearly as wholesome when Its
halo surrounds an entire industry.
Perhaps It is because the halo has
not advanced to the stage where
il can pour down its rays on a large
field
A prominent member Of he pub
lie utility industry. the Common
wealth and Southern Corp, made
its initial attempt TO place thc
nimbus industry on a mass produc-
ton basis today when It released
to members Of the American Bar
Association and a representative
list Of 10000 business executives a
26-psge booklet on the constitu-
tionaity of the Wheeler-Rayourn
bill-the thorn in the side OF the
public utility business. Need 1t
be mentioned that the legal opln-
ion holds that the measure Is un-
constitutional
Thus, the United States Supreme
Court. concededly comprised Of
some Of the best legal talent IN the
country. can save itself lot OF
work about year hence when, no
doubt. it will be passing upon the
merits of the Wheeler Rayburrn
bill. All the august body need DO
presumably, is to hand out TO
palpitating press a copy OF the
booklet issued today.
THE opinion, sought at the re-
4 quest Of Wendell l.. Willkle,
president Of the Commonwealth &
Southern Corp, was rendered by
the law firm of Winthrop. Slim
son. Putnam 81 Roberts. The Mr..
Stisnson IN the firm, a letter &C
companying the booklet explains
is the former Secretary Of State
under President Hoover. The infer
ence is plain and yet there are men
of the calibre Of Charles Evans
Hughes. Benjamin N. Cardozo ana
Louis d. Bandeis still interpreting
laws in terms Of the Constitution.
While the campaign which other
members of the industry Waged
AGAINST the so-called 'death-sen-
tence" clause in the bill proved a
boomerang. the Commonwealth d
Southern Corp. gets of on differ
ent tack by endeavoring to enlist
the support of living lawyers ana
business executives. In fact the
companv seeks to minimize the II
,eguIarities as disclosed by the lob
by Investigations.
ANY thoughtful American citl-
zen knows" Mr.. Willkie points
out" that the sinister and demor--
alizing effect to our constitutional
form of government of such lntlu-
ence on Congress by the admin
strative branch of the Federal
government with its enormous re-
lief funds and its control over the
dispensation of Federal patronage,
is beyond compare with the re-
ported activities OF over-zeaIouS
utility employees
TINE Commonwealth q South
ern Corp. undoubtedly does not
feel that 1t is exercising an I'M
warranted influence when it asks
the members of the American Bar
Association and the 10000 bust
ness executives to CONSIDER
whether the passage Of unconSu-
tutional laws by Congress are not
questions of vital Importance to
YOU and your family. I trust that
Won will express your opinion TO
your Representatives and Senators
in Congress"
There are several grounds on
which the company's appeal loses
face. In the first place many Will
resent the attempt to speak for
the Supreme Court. Secondly an
opinion on the constitutlonallty OF
the Wheeler-Rayburn bill is pre-
mature for it is now in conference
between the House and Senate and
new language might place an en-
tirelv different complexion on the
measure. And finally. it might be
mentioned that when the Supreme
Court does decide the merits OF
the proposed bill its decision will
be limited to a definition of the
law applicable solely to the facts
involved in the case.
AS a matter of record it should
be pointed out that the Common
wealth & Southern Corp. ranks as
one of the three leading producers
of electrical energy in the country.
Through an extensive group of OPP
Grating subsidiaries it furnishes
electric light and power to popu-
latiCn of more than 100000 dis
tributed over IL states in the
South and Midwest.