public util commission attleboro steam electric argued decided january boyden boston arthur allen charles sisson providence frank comerford boston petitioners robert dodge boston archibald matteson providence harold davis boston respondent justice sanford delivered opinion case involves constitutional validity order public utilities commission rhode island putting effect schedule prices applying sale electric current interstate commerce narragansett electric lighting company rhode island corporation engaged manufacturing electric current generating plant city providence selling current generally light heat power attleboro steam electric company massachusetts corporation engaged supplying electric current public private use city attleboro vicinity state companies entered contract narragansett company agreed sell attleboro company buy period twenty years electricity required attleboro company use sale city attleboro adjacent territory specified basic rate current delivered narragansett company state line rhode island massachusetts carried connecting transmission lines station attleboro company massachusetts metered narragansett company filed public utilities commission rhode island schedule setting rate general terms contract authorized commission grant attleboro company special rate therein shown two companies entered upon performance contract current thereafter supplied accordance terms generating plant attleboro company dismantled narragansett previously made unsuccessful attempt obtain increase special rate attleboro company rhode island commission new schedule purporting cancel original schedule establish increased rate electric current supplied specified minimum quantities electric lighting companies use sale customers delivered either rhode island state line attleboro company fact customer narragansett company new schedule apply commission thereupon instituted investigation contract rate proposed rate hearing companies represented commission found owing principally increased cost generating electricity narragansett company rendering service attleboro company suffering operating loss without return investment devoted service rates customers yielded fair return contract rate unreasonable continuance service attleboro company detrimental general public welfare prevent narragansett company performing full duty customers proposed rate reasonable yield fair return service attleboro company commission thereupon made order putting effect rate contained new schedule order attleboro company prosecuted appeal rhode island one various objections authority missouri kansas gas order commission imposed direct burden interstate commerce invalid conflict commerce clause constitution entered decree reversing order directing rate investigation dismissed conceded rightly sale electric current narragansett company attleboro company transaction interstate commerce notwithstanding fact current delivered state line transmission electric current one state another like gas interstate commerce coal coke pub serv essential character affected passing custody title state boundary arresting continuous transmission intended destination people gas pub serv petitioners contend however rhode island commission effectively exercise power regulate rates electricity furnished narragansett company local consumers without also regulating rates service furnishes narragansett company continues furnish electricity atteboro company loss tend increase burden local consumers impair ability narragansett company give good service reasonable prices therefore order commission prescribing reasonable rate interstate service attleboro company sustained essentially local regulation necessary protection matters local interest affecting interstate commerce indirectly incidentally support contention rely chiefly upon pennsylvania gas pub serv controlling question presented whether present case comes within rule pennsylvania gas case kansas gas case upon attleboro company relies pennsylvania gas case company transmitted natural gas main pipe line source supply pennsylvania point distribution city new york subdivided sold retail local consumers supplied main pipes laid streets city holding new york public service commission might regulate rate charged consumers said state may regulate burden interstate commerce may instances subjectmatter regulated congress pass laws affecting commerce needed protect regulate matters local interest thing new york commission undertaken regulate part interstate transmission ture pertaining furnishing gas local consumers service rendered local similar local plant furnishing gas consumers city service character required general dn uniform regulation rates congressional action even local rates might interstate business company kansas gas case company whose business principally interstate transported natural gas continuous pipe lines wells oklahoma kansas missouri sold delivered distributing companies sold delivered local consumers holding rate company charged gas sold distributing companies sold local consumers subject regulation public utilities commission missouri said absence congressional action state may generally enact laws internal police although indirect effect upon interstate commerce commerce clause constitution force restrains imposing direct burdens upon interstate commerce state enactment imposing burden must fall direct restraint absence federal regulation free minnesota rate cases ann cas sale delivery distributing companies inseparable part transaction interstate local essentially national enforcement selling price transaction places direct burden upon commerce inconsistent freedom interstate trade purpose commerce clause secure perserve pennsylvania gas case decision rested ground ice consumers regulated charge made local things done business essentially national aspect come supplying local consumers local business even though gas brought another state local interest paramount interference interstate commerce indirect minor importance sale gas wholesale quantities consumers distributing companies resale consumers transportation sale delivery constitutes unbroken chain fundamentally interstate beginning end paramount interest local national admitting requiring uniformity regulation though uniformity governmental nonaction may highly necessary preserve equality opportunity treatment among various communities concerned clear present case controlled kansas gas case order rhode island commission pennsylvania gas case regulation rates charged local consumers merely incidental effect upon interstate commerce regulation rates charged narragansett company interstate service attleboro company places direct burden upon interstate commerce imposition direct burden upon interstate commerce state restrained force commerce clause must necessarily fall regardless purpose shafer farmers grain real silk mills portland di santo pennsylvania ed day decided immaterial narragansett company rhode island corporation subject regulation commission local business rhode island state electric current transmitted interstate commerce received kansas gas case forwarding state obviously authority receiving state place direct burden upon interstate commerce pennsylvania west virginia material general business narragansett company appears chiefly local kansas gas case company principally engaged interstate business test validity state regulation character general business company whether particular business regulated essentially local national character regulation places direct burden upon interstate business none less beyond power state may smaller part general business furthermore rhode island place direct burden upon interstate business narragansett company result indirect benefit customers narragansett company rhode island massachusetts parity reasoning reduce rates interstate business order benefit customers attleboro company state aggregate interest interstate rate correlative customers narragansett company rhode island plainly however paramount interest interstate business carried two companies local either state essentially national character rate therefore subject regulation either two guise protection respective local interests regulation required attained exercise power vested congress see covington bridge kentucky hanley kansas city ry decree accordingly affirmed justice brandeis dissenting business narragansett company intrastate one electricity sold use without state agreed delivered attleboro company company takes less per cent electricity produced manufactured narragansett customers rhode island problem essentially local character commission found fact continuance service attleboro company existing rate prevent narragansett performing full duty towards customers detrimental general public welfare issued order specifically prevent unjust discrimination prevent unjust increase price customers narragansett public service corporation rhode island subject regulation state order complained clearly valid exercise police power unless violates commerce clause power state regulate selling price electricity produced distributed within state prevent discrimination affected fact supply furnished longterm contract union dry goods georgia public service corporation commission lacks power exercised solely electricity delivered use another state fact makes transaction interstate commerce congress power legislate subject done legislated allied subject contention occupied field case said silence congress command rhode island utility shall remain free public shall free discriminate citizens state incorporated business state may course obstruct directly burden interstate commerce prevent discrimination price electricity wherever used obstruct place direct burden upon interstate commerce regulation action unlike burden imposed transportation rate fixed wabash louis pacific illinois property moving interstate commerce taxed champlain realty brattleboro burden resulting order question resembles nearly increase cost article produced delivered arises reason higher taxes laid upon plant operations profits old dominion virginia ann cas american mfg louis arises reason expenditures required police regulations pittsburg southern coal louisiana sligh kirkwood merchants exchange missouri like regulation sustained pennsylvania gas public service commission order new york public service commission fixed rates gas piped without state delivered directly consumers might sold case bar seems distinguishable others state regulation held precluded commerce clause missouri kansas natural gas held void regulation fixed rates gas piped without state delivered distributing companies sold latter pennsylvania gas case distinguished things done local business supplying demand local consumers local business even though gas brought another state drawn distribution directly interstate mains case local interest paramount sale gas wholesale quantities consumers distributing companies resale consumers numerous cities different paramount interest local national page emphasized supply company exception important wholly interstate page shafer farmers grain ed north dakota regulation held invalid per cent wheat sold within state buyers purchase shipment ship terminal markets outside state paid country elevators rises falls price terminal markets two cases burden deemed direct one businesses essentially interstate pennsylvania west virginia state regulation held void discriminating interstate commerce opinion judgment reversed footnotes commission authorized narragansett company put effect schedule increasing special rate attleboro company enforcement enjoined ground lack essential finding commission attleboro steam narragansett light electric lighting company supplied narragansett company required either prospectively quantity current necessary make proposed rate applicable commission stated attleboro company customer narragansett company affected proposed rate brief petitioners attleboro company customer falling within schedule class evidence showed narragansett company customers one current produced went attleboro company