state missouri ex rel barrett kansas natural gas argued april decided may dana kansas city kansas city gas public service commission missouri robert garver caster bartlesville kansas natural gas frank atwood carrollton john garfield cleveland ohio jesse barrett james lindsay jefferson city breuer rolla state missouri missouri public service commission jackson topeka helm justice sutherland delivered opinion cases consolidated argument present decision single question whether business kansas natural gas company hereinafter called supply company consisting transportation natural gas one state another sale sale delivery distributing companies interstate commerce free state interference facts necessary considered reaching conclusion shortly follows supply company delaware corporation engaged producing buying natural gas mostly oklahoma kansas means pipe lines transporting kansas kansas state missouri state selling delivering distributing companies sell deliver local consumers numerous communities kansas missouri gas originating kansas mingled transportation lines originating oklahoma pipe lines continuous wells place delivery three cases alike fact arise action supply company making increase rates cents cents per cubic missouri without consent approval public utilities commission state kansas notwithstanding previous order federal fixing rate action utilities commission approving fixing rate power utilities commission state challenged ground matter commerce clause constitution subject state control appellants brought suit federal district enjoin supply company increasing rates injunction prayed denied fed defendants error filed petition kansas writ mandamus compel supply company establish maintain rate cents per cubic feet gas furnished distributing companies otherwise ordered utilities commission case presented demurrer return answer demurrer sustained peremptory writ mandamus allowed prayed pac suit enjoin supply company collecting attempting collect increased rates various gas distributing companies consent thereto utilities commission state secured federal district denied injunction retained bill another purpose necessary stated central trust new york consumers light heat power fed business supply company exception important wholly interstate sales deliveries large quantities consumption resale consumers relation agency supply company distributing companies relation except seller buyer public utilities comm landon sup interest former commodity ends delivery latter title control thereupon pass absolutely question therefore presented simplest form claim state power upheld difficult see denied case interstate transportation sale gas federal courts denied power state conceded business interstate subject federal control rested decision way upon fact congress acted matter absence action within regulating power state question controlled familiar principles transportation gas one state another interstate commerce sale delivery local distributing companies part commerce public utilities comm landon supra page sup said transportation gas pipe lines one state another interstate commerce may doubted also clear part commerce receivers might sell deliver gas transported local distributing companies free unreasonable interference state see pennsylvania west virginia sup cases cited line division cases absence congressional action state authorized act state action precluded mere force commerce clause constitution always clearly marked absence congressional legislation state may constitutionally impose taxes enact inspection laws quarantine laws generally laws internal police although may incidental effect upon interstate commerce pennsylvania railroad hughes sup commerce clause constitution force restrains imposing direct burdens upon interstate commerce minnesota rate cases sup ed ann cas justice hughes speaking said state enactment imposes direct burden upon interstate commerce must fall regardless federal legislation point objection congress acted state directly restrained absence federal regulation free question fully discussed case nothing beyond citation required contention public interest business one requiring regulation need challenged congress thus far seen fit regulate silence sole power speak equivalent declaration particular commerce shall free regulation see robbins shelby county taxing district sup delivery gas distributing companies however interstate movement ends subsequent sale delivery companies customers retail intrastate business subject state regulation public utilities comm landon supra page sup case effect interstate commerce indirect incidental sale delivery inseparable part transaction interstate local essentially national enforcement selling price transaction places direct burden upon commerce inconsistent freedom interstate trade purpose commerce clause secure preserve though commission stood state line imposed regulation upon final step process moment interstate commodity entered state become part general mass property therein see brown houston sup nothing penna gas pub service sup inconsistent view gas company pennsylvania corporation transmitted gas pennsylvania new york sold directly consumers service consumers thing regulated charge made essentially local decision rests upon feature justice day course opinion said page sup pipes reach customers served supplied gas directly main company brings state nevertheless service rendered essentially local sale gas company local consumers reached use streets city pipes laid gas conducted factories residences required use service similar local plant furnishing gas consumers city commodity reaching point distribution new york subdivided sold retail landon case far phase concerned differs fact process division sale consumers carried supply company independent distributing companies cases things done local business essentially national aspect come end distinction constitutes basis present decision clearly recognized landon case business supplying demand local consumers local business even though gas brought another state drawn distribution directly interstate mains whether local distribution made transporting company independent distributing companies case local interest paramount interference interstate commerce indirect minor importance sale gas wholesale quantities consumers distributing companies resale consumers numerous cities communities different transportation sale delivery constitute unbroken chain fundamentally interstate beginning end continuity amount established course business paramount interest local national admitting requiring uniformity regulation uniformity even though uniformity governmental nonaction may highly necessary preserve equality opportunity treatment among various communities concerned see example welton state missouri hall de cuir distributing companies operating state municipal franchises affect question enough say supply company operating made party franchises merely business franchise holders affirmed reversed affirmed