com pennsylvania state west virginia argued april decided june john davis new york city john price freeman eagleson columbus ohio altizer charleston edward corn ironton ohio state ohio hoffheimer clarksburg england fred blue charleston philip steptoe clarksburg john morgantown state west virginia geo alter pittsburgh schaffer chester leo weil pittsburgh commonwealth wealth pennsylvania justice van devanter delivered opinion suits one commonwealth pennsylvania state ohio enjoin state west virginia enforcing act passed legislature acts complainants believe largely curtail cut supply natural gas heretofore carried pipe lines west virginia territory sold used fuel lighting purposes although distinct suits much alike presented bar substantially single case dealt accordingly opinion west virginia act set forth length margin complainants challenge validity ground directly interferes interstate commerce therefore contravenes commerce clause constitution article cl rest right relief grounds enforce act subject irreparable injury respect many public institutions governmental agencies long using gas subject incalculable injury imperil health comfort thousands people use gas homes largely dependent thereon halt curtail many industries seasonally use great quantities gas wherein thousands persons employed millions taxable wealth invested conditions suits arisen facts material disposal follows natural gas found pronounced depths porous sand natural reservoir brought surface reduced possession wells drilled containing strata surface owner thus reduces possession becomes owner becomes subject commerce like product forest field mine inclosing strata great pressure called rock pressure causes flow rapidly strata penetrated one surface owner drills wells begins draw gas others desiring exercise common right must take course otherwise lands may drained wells gas drawn inclosing strata practicable mode storing holding must used promptly chief use consists producing heat light burning points use generally centers population industry less remote places production intervening transmission effected pipe lines normal rock pressure carry gas considerable distances pressure wanes inadequate supplemented using compressors west virginia production natural gas began much years ago last years greater state producing fields include counties first gas produced course oil operations regarded nuisance permitted waste air soon came regarded valuable heating lighting economy convenience attending use made preferred fuel use within state became relatively general far less production producers turned neighboring notably pennsylvania ohio market west virginia sanctioned effort permitted formation laws corporations purpose constructing pipe lines gas fields carrying gas latter selling also permitted corporations come territory purpose extended companies use power eminent domain acquiring rights way pipe lines way require assert power require consumers within limits preferred consumers elsewhere effort find market succeeded gas came extensively carried pennsylvania far pittsburgh ohio far cleveland toledo cincinnati way entire production made value producers landowners lessees gas fields greatly benefited taxable wealth state largely increased approximately invested west virginia miles pipe lines miles trunk lines pipe lines reach producing fields areas consumption pennsylvania ohio connect near state line others leading consuming areas operated continuous flow gas points production points use branch lines divert gas intervening points without changing general flow several lines cross recross state boundary repeatedly pipe lines operated public utilities supplying gas public true pennsylvania ohio well west virginia lines long supplying gas three use charitable educational penal institutions counties municipalities use county city school buildings local utilities serving particular communities people generally many cities towns use homes places business offices seasons adequate supply industrial plants use operation predominant use fuel purposes lighting relatively small gas going pennsylvania ohio carried supplied prior engagements respecting long time contracts exacted preferred purchasers consumers experience gas fields shown multiplied prolonged drafts natural supply exhaust since apparent older portions west virginia fields approaching exhaustion produc ion fields reached passed maximum newer portions however judgment informed operators make fields commercially productive several years latterly colder november may combined needs domestic industrial consumers largely excess production pipe line companies generally adopted pursuing policy preferring domestic consumers months contracts contain provisions admitting preference months little occasion heating homes offices needs domestic consumers drop materially much gas may supplied industrial use without affecting domestic use increased population enlarged west advantages inhering gas fuel finally resulted gross demand satisfied even summer months present actual consumption production sustain pipe line companies supply gas west virginia without cutting carry pennsylvania ohio carry pennsylvania ohio without cutting supply west virginia short situation constrain companies supply gas one three necessarily constrain supply less two billion cubic feet gas produced west virginia billion consumed within state without becoming available public billion became available hands pipe line companies companies supplied billion consumers state carried billion consumers outside also brought billion state gas fields outside extent enlarged amount supplied local consumers amount billion went domestic use billion industrial use major part gas carried pennsylvania went industrial consumers major part carried ohio went domestic consumers gas carried outside state sold used therein naturally considering additional pipe lines compressors labor employed longer transmission proportion marketed beyond state varied much practically years ago discrimination consumers inside state dealt plane others companies declined quit existing service communities consumers outside serve inside nothing invidious line fair treatment rather discrimination gas carried pennsylvania ohio respectively supplied state municipal agencies strictly public use negligible amounts billions cubic feet per year fuel food cooked water heated thousands dependents charitable penal institutions hundreds schoolhouses heated made comfortable thousands children municipal waterworks operated several cities notably cincinnati toledo heating appliances adjusted use make changes incident substituting fuel involve expenditure state large sum public money pennsylvania gas used domestic consumers caring people ohio domestic consumers caring people natural gas service available change fuel require adjustment heating cooking appliances average cost domestic consumer aggregate cost exceeding pennsylvania nd ohio act whose enforcement sought enjoined passed legislature west virginia february went effect may following suits brought eight days thereafter direction legislatures complainant leave interlocutory injunctions prayed granted outset still force three questions bearing propriety entertaining suits raised soon suits begun consideration postponed final hearing first question whether suits involve justiciable controversy sense judiciary article constitution opinion every element controversy present suit presents direct issue two whether one may withdraw natural product common subject commercial dealings established current commerce moving territory complainant state asserts defendant state denies withdrawal interference interstate commerce forbidden constitution essentially judicial question concededly suits private parties course character different suit sought abstract ruling question injunction withdrawal presently threatened likely productive great injury purpose withdraw shown enactment defendant state set forth carried effect officers acting name command state principal action officers rightly may imputed even though suit injunction might lie attitude complainant mere volunteers attempting vindicate freedom interstate commerce redress purely private grievances sues protect twofold proprietor various public institutions schools whose supply gas largely curtailed cut threatened interference interstate current representative consuming public whose supply similarly affected interests substantial threatened serious injury state uses large amounts gas several institutions greater part discharge duties relatively imperative break cessation supply embarrass greatly discharge duties expose thousands dependents school children serous discomfort substitute another form fuel involve large public expenditures private consumers state include inhabitants many urban communities constitute substantial portion state population health comfort welfare seriously jeopardized threatened withdrawal gas interstate stream matter grave public concern state representative public interest apart individuals affected merely remote ethical interest one immediate recognized law principle views full support prior decisions missouri illinois sup sup kansas colorado sup sup georgia tennessee copper sup ann cas new york new jersey sup wyoming colorado sup defendant state relies cases new hampshire louisiana sup louisiana texas sup kansas sup oklahoma atchison topeka santa fe ry sup texas interstate commerce commission sup facts turned opinions show widely different point second question whether suits brought prematurely brought days west virginia act went force order made public service commission tested actual practice prove suits premature course otherwise appeared act certainly operate complainant apprehended one await consummation threatened injury obtain preventive relief injury certainly impending enough turning act find first section lays every pipe line company positive extent supply gas produced state whether produced satisfy needs whether domestic industrial use intending consumers whether old new willing pay gas want use within section state produced transported wherein supplied others substantive provision whose terms direct certain immediate obedience commanded order commission required give precision make obligatory leaves nothing discretion enforce contrary prescribes definite rule conduct puts rule force imposes unconditional mandatory duty counsel state admit obviously intended enforce preferred recognition satisfaction needs consumers within state present prospective regardless effect interstate stream consumers outside state second section invests commission finding notice hearing company supplying gas local needs probably without adequate supply order another company gas excess required within state furnish company whose supply inadequate gas make deficiency alternative undertake supply local needs extent excess provision like first shows purpose give local consumers present prospective preferred status permit surplus gas carried fourth section empowers commission entertain complaints persons aggrieved affected act require violation discontinued act obeyed subject right review courts also provides means compelling obedience act pending proceedings commission decision review sections contain penal remedial provisions designed make described effective one fifth section declares day company officers agents employees fail observe comply order direction commission perform duty enjoined act shall constitute separate disti ct violation another sixth section subjects company violating act action damages one claiming wronged violation regard entirely clear act intended compel retention within state whatever gas may required meet local needs purposes procedural penal remedial provisions amply adequate accomplish result think equally clear allegations bills established evidence situation suits brought act directly immediately work large curtailment volume gas moving complainant indeed conclusion unavoidable increasing demand west virginia decreasing production act years work practical cessation interstate stream must held therefore suits brought prematurely third question whether requisite parties brought suits objected pipe line companies brought nothing makes presence essential complainant make complaint seek relief supplying gas evidently continue restrained prevented defendant state complainant controversy also objected consumers defendant state benefited act enforced representation suits misconception represented state nothing situation requiring specially represented brought equal basis objected suit prevent enforcement statute reducing railroad freight rates one prevent enforcement municipal ordinance reducing telephone electric light rates shippers users benefited reduction must specially represented brought objection course untenable objection turn principal issue whether state wherein natural gas produced recognized subject commercial dealings may require sale disposal consumers state shall accorded preferred right purchase consumers requirement necessarily operate withdraw large volume gas established interstate current whereby supplied consumers course last analysis question whether enforced withdrawal bene fit local consumers interference interstate commerce forbidden state constitution question important one one state may others may natural gas exported consumption besides may done one natural product may done others several earth yields products great value carried used notwithstanding importance question solution difficult controlling principles settled many closely point discussion may relatively brief constitution article cl power regulate interstate commerce expressly committed congress therefore impliedly forbidden purpose protect commercial intercourse invidious restraints prevent interference conflicting hostile state laws insure uniformity regulation means matter interstate commerce single people assented alike bound equally protected even th ir power lay collect taxes comprehensive necessary power exerted way involves discrimination commerce ward maryland wall welton missouri webber virginia coe errol sup guy baltimore robbins shelby taxing district sup natural gas lawful article commerce transmission one state another sale consumption latter interstate commerce state law whether state gas produced sold necessary operation prevents obstructs burdens transmission regulation interstate prohibited interference west kansas natural gas sup public utilities landon sup fuel gas hallanan sup milling bondurant sup lemke farmers grain sup western union telegraph foster sup minnesota barber sup brimmer rebman sup west virginia act law provisions conditions must surround operation necessarily directly compel diversion local consumers large increasing part gas heretofore going consumers complainant therefore work serious interference commerce urged special considerations take act general rule sustain validity even though interference one pipe line companies engaged supplying gas public west virginia quasi public business act require companies furnish reasonably adequate service within reasonable territorial limits true business quasi public character pennsylvania ohio well west virginia obligations inhering power insist adequate service three supply gas necessarily marks extent service rendered much business interstate grown course years west virginia encouraged sanctioned development part business profited greatly present effort rightly understood subordinate part local business within borders words effect attempt regulate interstate business advantage local consumers may direction one railroads short facilities moving coal haul intrastate coal exclusion interstate coal different kind force another consideration advanced end gas natural product state become necessity therein supply waning longer sufficient satisfy local needs used abroad act therefore legitimate measure conservation interest people state situation stated affords ground assumption state power regulate interstate commerce act attempts power lodged elsewhere contention essence presented considered west kansas natural gas sup case involving validity oklahoma statute designed accomplish retention natural gas within state district case heard bill answer proceeding allegations fact answer taken true hearing resulted decree adjudging statute invalid enjoining enforcement decree affirmed answer opinion shows alleged physical conditions made apparent gas field relatively short duration cities near field people needed gas state embodied prairie land devoid timber local fuel supply excepting coal natural gas production coal growing rapidly costly natural practical usable fuel domestic industrial use natural gas pipe lines plaintiffs intending construct put operation permitted carry gas supply speedily exhausted referring allegations contention ruling principle statute conservation needed natural resource said sup results contention repel acceptance gas reduced possession commodity belongs owner land reduced possession individual property subject sale may subject intrastate commerce interstate commerce statute oklahoma recognizes subject intrastate commerce seeks prohibit subject interstate commerce purpose conservation words purpose conservation sense business welfare state coal might timber products may limited amount consideration public welfare confine gas use inhabitants state confine inhabitants state power singular situation might result pennsylvania might keep coal northwest timber mining minerals may products field brought within principle thus enlarged without enlargement influence interstate commerce need pointed consequences power tend one state embargo may retaliated embargo commerce halted state lines yet said matters foreign interstate commerce state lines commerce instead new power appears new welfare welfare transcends state rather let us say constituted welfare state made greater division resources natural created every state every state purpose result interstate commerce clause constitution turning backward must done authority another instrumentality finally urged prescribe execute regulations respecting apportionment use gas among three therefore bills dismissed conclusion follow premise object suits obtain decretal regulations enjoin enforcement west virginia act ground unconstitutional enactment intended enforcement subject complainant injury serious magnitude full consideration reach conclusion act unconstitutional apprehensions complainant respecting injur ensue enforcement well founded obviously operate inequitably situation appropriate decree one declaring act invalid enjoining enforcement dismiss bills leave act enforced quite inadmissible need regulating interstate commerce involved regulation sought body power resides decrees complainants justice holmes dissenting statute seeks reach natural gas begun move commerce kind addresses gas hereafter collected uses first must applied gas collected subject law valid moment yet matter commerce among think products state actually started point outside may regulated state notwithstanding commerce clause oliver iron mining lord sup ed may held state might levy occupation tax upon mining iron ore equal six per cent value ore produced previous year although substantially ore left state put upon cars purpose single movement severed bed case state product certainly destined interstate commerce put upon cars act produced yet interstate commerce tax sustained know relevant distinction taxing regulating ways mcculloch maryland wheat held authorized regulate ways closely resembling present sligh kirkwood sup state law sustained made criminal sell offer shipment citrus fruits immature otherwise unfit consumption upon grounds local policy intercepted got stream object interstate commerce local interest present case greater obvious green oranges power state preserve food supply people game laws notwithstanding indirect interference interstate commerce established geer connecticut sup silz hesterberg sup difference property rights state game gas still ground concern plaintiffs plain decisions cited depend upon speculative view title see missouri holland sup right state regulate use natural gas prevent waste sustained fourteenth amendment walls midland carbon sup suppose plaintiffs fared better invoked commerce clause need refer prohibition manufacture articles intended export colored oleomargarine capital city dairy ohio sup spirits result cases expressed form general recognition right state make provision local needs minnesota rate cases sup ann cas right recognized even interference interstate commerce direct interstate train required stop accommodate passengers leave state lake shore michigan southern ry ohio sup gulf colorado santa fe ry texas sup see nothing commerce clause prevent state giving preference inhabitants enjoyment natural advantages gas used private perons purposes know power congress require devote public use transport across state lines law west virginia west virginia alone makes west virginian gas called public utility far shall matter law alone decides aware general language oklahoma kansas natural gas sup decision though wrong implying pennsylvania might keep coal northwest timber etc confess see hinder certainly owners mines forests saw fit export products constitution make see nothing instrument produce different result state gave owners motives conduct effering bonus however decision case referred goes outweigh consensus decisions referred seem confirm think plain without constitution prohibit state securing reasonable preference inhabitants enjoyment products even effect law keep property within boundaries otherwise passed outside hudson county water mccarter sup ann cas agree substantially brothers mcreynolds brandeis think jurisdiction sense justify statement opinion upon meris case think bill dismissed justice mcreynolds dissenting seems quite clear record presents justiciable controversy certainly none within original jurisdiction manifest purpose protecting local consumers west virginia commanded public service corporations transport natural gas beyond borders state satisfied reasonable requirements people therein thereupon complainants came original bills alleged statute enforced inhabitants obtain enough gas imperative demands divers pipe lines theretofore accustomed supply ask us declare enactment invalid conflict commerce clause federal constitution restrain enforcement pipe lines hereafter fail comply contracts course may proceeded proper forum say probably fail statute demand power enjoined set real controversy cognizable west virginia prohibit drilling new gas wells hardly suppose complainants demand injunction even admitted supplies cut doctrine announced production permitted years appealing hardships follow cessation suppose west virginia repeal charters public service corporations transporting gas thereby disable interfere upon demand another state claimed suffer originally adopted constitution provided cases affecting ambassadors public ministers consuls state shall party shall original jurisdiction chisholm georgia dall declared citizen one state proceed another state original action louisiana texas sup chief justice fuller pointed character controversies original jurisdiction emphasis declared vindication freedom interstate commerce committed state parens patriae unless ruling pass discard follows neither complainants higher standing one citizens contract gas eleventh amendment unnecessary argue framers constitution never intended empower suit individual enjoin state enforcing regulations prescribed public service corporations yet possibility must affirmed doctrine announced concluding opinion chisholm georgia justice iredell exclaimed pray god attorney general doctrine law established judgment good predicts may take place none evils concern say appears pregnant like prayer seems inappropriate justice brandeis dissenting statement made justice holmes seems unanswerable like justice mcreynolds think reasons bills dismissed without passing upon constitutional question presented natural gas quantity produced counties west virginia inhabitants state years dependent upon domestic uses supplied nearly industrial establishments concerns engaged business distributing natural gas public corporations organized laws west virginia organized laws state unincorporated prior act february hereinafter referred declared statute public service endowed power eminent domain duty furnishing public throughout west virginia territory business adequate service carnegie natural gas swiger clarksburg light heat public service commission duty confirmed legislation state prior world war production natural gas west virginia demand large quantities exported public service corporations without thereby lessening ability concerns give adequate service west virginia customers war demand within without state increased greatly thereafter supply became smaller net supply west virginia natural gas available distribution public service corporations per cent exported year per cent per cent west virginia consumers complained amount furnished inadequate discriminated west virginia gas companies interest residents companies exported gas sought justify ina equacy service west virginia customers asserting contract duty supply west virginia gas distributing companies consumers aggregate demand customers several exceeded available supply west virginia public service corporations took part export business remaining engaged solely distribution within state many dependent largely upon gas supply companies sought justify inadequate service fact demands gas exported corporations dependent denied full supply west virginia consumers insisted common law forbade public service companies disable performaning duty give adequate service within state contended exporting public service corporations habitually supplied local distributing companies justify furnishing reduced supply setting contracts furnish supplies concerns contentions denied exporting companies asserted legally controlled respect public service commission west virginia remove doubt concerning statutory powers commission insure adequate service west virginia consumers legislature state enacted chapter acts approved february year take effect days passage statute declared rules substantive law public service corporation engaged distributing natural gas produced within state shall exporting supply disable performing duty give adequate service within west virginia public service corporation whose gas supply insufficient afford service customers may prescribed conditions call upon public service corporation within territory surplus supply furnish part surplus may required enable give adequate service effective date act state pennsylvania state ohio filed bill equity state west virginia prayed act declared void obnoxious federal constitution west virginia officials enjoined attempting way enforce statute basis relief bill set forth extensive use natural gas state institutions several municipalities millions residents alleged serious injury result consumers deprived west virginia supply ohio bill alleged lso cutting west virginia supply natural gas greatly reduce value public service properties reduce taxable values properties thereby deprive state important revenues prayed specifically plaintiff state residents declared adequate remedy law west virginia officials enjoined interfering transportation natural gas use ohio pending suit injunction granted instituting state west virginia suit statute company corporation engaged production transportation natural gas state west virginia state ohio public official producer exporter distributor gas consumer made party plaintiff defendant either bill temporary injunction issued case upon filing bill motion dismiss answer replication filed without disposing motions dismiss parties proceeded take evidence thereafter submitted cases final hearing several objections made maintenance suits may passed without discussion assumed constitutional question submitted deemed merely political one georgia stanton wall massachusetts mellon sup ed decided june assumed alleged right acquire purchase bring state natural gas produced elsewhere fundamental treated similar legally right asserted kansas colorado sup sup water interstate stream continue flow state right recognized missouri illinois sup new york new jersey sup georgia tennessee copper sup ann cas waters air within one state kept reasonably free pollution originating another assumed use natural gas pennsylvania ohio shown general bring suits within rule acted upon cases cited render inapplicable rule declared kansas sup oklahoma atchison topeka santa fe railway sup suits dismissed brought aid interests deemed provate finally still state permitted one natural resources freely dealt article interstate commerce may thereafter prohibit export thereof although appears whole remaining supply required satisfy needs citizens objections raised defendant considered objections opinion present insuperable obstacles maintenance suits first without jurisdiction bills present neither within meaning federal constitution marbury madison cranch muskrat sup texas interstate commerce commission sup proceedings according regular course judicial procedure protect right property personal right like mcchord louisville nashville railroad sup attempt enjoin executive action legislation instituted frankly secure general declaration west virginia act february unconstitutional compare giles harris sup rule without power entertain proceeding applies equally whether party invoking aid state private person rule overcome giving pleadings form institutions consumers west fairchild hughes sup atherton mills johnston sup texas interstate commerce commission supra moreover shown legal sense danger invasion alleged rights shown pennsylvania ohio public institutions consumers west virginia suggested georgia tennessee copper sup ann cas shown many consumers within plaintiff suffer serious injury west virginia supply cut primarily least acts omissions threatened legal sense danger supply stopped mere enactment statute obviously constitute threat interrupt flow gas plaintiff importation ohio pennsylvania conducted state west virginia wholly privately owned public service corporations importation ceases irimarily least acts omissions corporations yet even allegation corporations threaten intend discontinue importation compelled unless state west virginia enjoined enforcing statute hand clearly appears laws west virginia present danger corporations summarily prevented state continuing full volume export gas compelled reduce restriction imposed act upon exportation gas may result requirement west virginia public service corporations shall means export disable performing duties consumers dis tributing companies within state legal sense danger restriction result must appear one exporting companies disabling exportation also state official take effective action prevent exportation legislation west virginia many things happen much time must elapse exporting corporations legal duty discontinue essen exports still time actually prevented exporting gas west virginia legislation executive officer power jurisdiction declare enforce performance alleged duty public service corporation primary resort public service commission application acted upon either granting denying relief fuel gas public service commission state bluefield water works co kelly axe manufacturing fuel gas act establishing commission prescribes methods remedies pursued order enforce duty give adequate service chapter acts chapter acts chapter acts chapter acts manufacturers light heat ott fed claimed failure give adequate service petition may filed commission secure notice hearing corporation commission order may made commission issues order purports restrict way discretion theretofore exercised corporation respect exports every concern act legally free continue transportation gas pennsylvania ohio statute passed possible commission never called upon act possible called upon commission refuse make order possible commission made order order character affect seriously interests plaintiff seeks protect possible order made state suspend operation eventually annul act makes careful provision judicial review orders commission postponing incidence penalties liabilities review never occasion invoking respect statute doctrine ex parte young sup ann cas commission without power enforce order impose penalty overcome disobedience disregard order resort must west virginia statutes courts end original proceeding must instituted whether suit enforce obedience brought commission others corporation given opportunity defend ground order reason invalid may inaugurate proceeding bringing suit order annulled randall gas star glass fuel gas public service commission moreover final order commission enforceable even days entry elapsed period allowed within party feeling aggrieved may apply suspension order application made speedy hearing must given section time suits begun action kind taken relation matters dealt act february either commission board official state corporation person ever affected provision statute action taken act yet effect said legal sense pennsylvania ohio consumers present danger irreparable injury plaintiffs fears best premature held oregon hitchcock sup even instance state take upon decision questions committed another department government thus anticipate action federal executive reasons equally strong interfering advance decision executive state matter committed determination private suits relief necessarily denied compare first national bank albuquerque albright sup south carolina georgia suit one state another even greater caution exercised assuming act missouri illinois sup kansas colorado sup new york new jersey sup objection georgia tennessee copper sup ann cas interested left action law redress injuries may suffered stage controversy reached suits begun indeed since see prentis atlantic coast line sup bacon rutland sup second fatal lack necessary parties failure exporting companies continue exportation gas plaintiffs consumers distributing companies pennsylvania ohio injured primarily least rights corporations one invaded enforcing statute rights consumers distributing corporations pennsylvania ohio derivative merely whether west virginia corporations may furnish gas plaintiff whether corporations may regulated statute attempts controversies west virginia corporations submitted rights adjudication suits intimated corporations wish act declared void may assume wish conceivably decision holding act valid might benefit since might relieve improvident contracts distributing companies pennsylvania ohio may corporations benefited others injured decision made question presented unless corporations legally represented either plaintiff defendant bound decree either suits new orleans water works new orleans sup neither plaintiff defendant legally represents clear since found entertain suit decide question presented held california southern pacific sup minnesota northern securities sup comport gravity finality characterize adjudication exercise original jurisdiction proceed instance state absence parties whose rights actually passed upon effect determined even though might technically bound subsequent litigation tribunal compare texas interstate commerce commission sup remaining west virginia gas corporations expo gas also vitally interested question submitted far interest general one qua consumer might represented public service commission end commission state perhaps made party defendant many gas corporations appear specific interests decision might affect directly contracts exporting companies supply gas obligations contracts different act held valid held void decision effect prohibition exports declared act void might seriously impair contract rights moreover section act provides sections provisions clauses act shall deemed separable also respect persons firms corporations consumers mentioned therein affected thereby separable part act held unconstitutional reason invalid unenforceable remaining parts thereof shall remain full force effect surely statute may valid exporting companies action exporting may ultra vires certain west virginia distributing companies may acquired preferential rights supply gas determine view provision act void toto parties affected thereby facts litigants able present therefore even appeared rights legally present danger irreparable injury resulting wrongful acts defendant suits maintained third obstacles overcome sitting equity dismiss bills unable grant relief appropriate sitting equity clearly lend aid enable west virgina public service corporations discriminate west virginia consumers interest ohio pennsylvania consumers therefore appropriate decree framed require west virginia corporations treat west virginia customers least well outside state decree leave west virginia public service corporation free export gas disregard duty discriminate public state natural gas produced also pennsylvania ohio equitably dependent supplies cansumed furthermore west virginia gas exported also maryland indiana kentucky two natural gas produced quantity clearly event go compel west virginia share production equitable state dependent upon part gas supply order determine equitable part west virginia production state might require public service corporations retain part free export obviously necessary marshall resources demands needs six consider respect conduct business therein circumstances attending development factors necessary considered determining division west virginia production fair conditions determination made character questions decided obliged refuse undertake task reason bills dismissed even held rights legally represented plaintiffs present danger irreparable injury wrongful acts defendant fatal lack necessary parties justice several following inquiries essential potential well actual production state ascertained actual production earlier years approximately current production ascertained data regularly collected geological survey public utility commissions several ascertain potential production searching inquiry made methods production pursued among things extent recent production secured forcing wells likelihood production lessened forcing wells restored allowing periods rest extent recent reduced outputs may atributable failure sink enough wells open additional territory necessary inquire also extent character existing gas reserves situated whomsoever owned ascertaining extent gas territory yet developed necessary inquire extent reserve controlled otherwise available several public service corporations several cost developing particular fields marketing supply therefrom relation undeveloped territory worked already exhausted extent rapidly development new areas new sources supply properly proceed demand actual potential state determined determining demand confine inquiry ascer taining amount used called rates charged several communities must also considered upon well upon relative cost kinds fuel depend large part extent demand particularly industries character use circumstances developed likewise important factors deciding distribution equitable among things necessary determine extent ohio high percentage waste investment made distributing mains customers appliances circumstances investments made local distributing company might reasonably required restrict business existing customers even existing needs like restriction great hardship applied new companies yet brought business paying basis determination concerning production none concerning demand afford stable basis future action factor entering determination constant investigations supply demand pursued continuously recurrent decisions distribution required thus estimate undeveloped gas territory must ever changing new discovery may open territory theretogore unknown sinking test wells may establish act territory previously deemed valuable wholly unproductive field public service regulation controlling body confronted factors baffling natural gas industry none continuous supervision control required high degree decisions made character calls informed judgment board experts tribunal determine among things whether inadequate service due several inadequate supply improvident use consumers whether overcome inadequacy supply new territory developed wells sunk old territory whether view prospective needs several communities better reserves husbanded uses gas may put curtailed thus called upon perhaps business judgment managing companies pro rata distribution among users gas time time available obviously result equitable distribution domestic users also many industrial ones gas supply uncertain find necessary assure adequate supply heating cooking power either oil kind fuel expense producing necessary alternative appliances large tribunal decide also many serious questions character usually committed determination public utility commissions difficulties involved decisions much enhanced differences laws rules practices several regarding duties natural gas companies furnish adequate service cearly undertake determinations equitable distribution task complexity difficulty even interstate public service commission broad powers perfected administrative machinery ample resources practical experience duties might fail perform satisfactorily powerless frame decree provide machinery means equitable distribution available supply effected according settled practice refuse entertain suits compare marble ripley wall taxas pacific railway marshall sup giles harris sup per curiam suits havi heretofore submitted pleadings evidence fully advised premises considered ordered decreed follows act passed legislature defendant state february set forth bills complaint suits known chapter west virginia acts void inoperative enactment contravenes limitations constitution places upon state action respect commerce among several defendant state several officers agents servants hereby severally enjoined enforcing atttempting enforce act aggregate costs suits apportioned among paid parties thereto follows state west virginia half commonwealth pennsylvania state ohio levi cooke commissioner evidence suits taken reported shall receive paid sum full compensation services rendered expenses incurred connection sum taxed part aggregate costs two suits paid parties proportions named clerk transmit chief magistrates commonwealth pennsylvania ohio west virginia copies decree duly authenticated seal footnotes rehearing granted sup ed com pennsylvania state west virginia act passed february went effect may reads follows every person engaged furnishing required law whether statutory common law furnish natural gas public use use public part public whether domestic industrial consumption within state shall extent supply said gas produced state whether produced person person furnish public use within territory state use public every part public within territory state gas produced said gas transported served person supply natural gas reasonably adequate purposes whether domestic industrial otherwise natural gas consumed desired consumed public part public within said territory state said consumer consumers therein shall apply ready willing make payment lawful rates case person engaged furnishing required law whether statutory common law furnish natural gas public use within state use public part public within state shall production supply natural gas probably insufficient furnish use purposes whether domestic industrial otherwise natural gas consumed public part public within territory state served person event public service commission shall authority hereby conferred upon application person consumers within state due hearing upon notice proof satisfaction commission public convenience necessity requir order person engaged furnishing required law whether statutory common law furnish natural gas public use within state producing furnishing natural gas public use said territory transporting said territory furnish person sufficient production supply natural gas purpose supplying deficiency times upon reasonable terms conditions rates amounts commission shall prescribe whenever hearing upon notice proof commission shall determine public convenience necessity require commission shall authority provide compel establishment reasonable physical connection connections lines pipes conduits person excess supply gas lines pipes conduits person deficiency supply require laying construction reasonable extensions lines pipes conduits may necessary establishment physical connection connections ascertain determine fix reasonable terms conditions connection connections including reasonable rules regulations provisions payment costs expense making apportionment cost expense may appear reasonable provided however person shall virtue section ordered furnish natural gas person engaged furnishing required law furnish natural gas public use except extent person ordered furnish natural gas shall time production supply natural gas excess quantity sufficient furnish reasonably adequate supply consumers within state shall person virtue section ordered furnish natural gas person engaged furnishing required law furnish natural gas public use territory within state said person said excess shall extent excess ready willing furnish within time commission shall prescribe shall actually furnish consumers within said territory reasonably adequate supply natural gas far shall conflict act authority powers jurisdiction duties conferred imposed public service commission act entitled act create public service commission prescribe powers duties prescribe penalties violations provisions act passed february one thousand nine hundred thirteen amended act entitled act amend sections one two three four five nine ten fourteen fifteen chapter nine acts one thousand nine hundred thirteen creating public service commission prescribing powers duties penalties violation provisions said chapter add thereto six sections known sections eight enlarging powers duties said public service commission prescribing additional penalties giving commission power punish contempt passed february tenth one thousand nine hundred fifteen hereby conferred imposed public service commission resepect act part thereof case violation provision act person aggrieved affected thereby may complain thereof public service commission like manner thereupon procedure shall provided respect complaints said commission proceedings remedies may taken enforcement review order orders said commission punishment violation order orders provided law respect orders said commission case violation provision act public service commission person aggrieved affected violation name may apply competent jurisdiction bill injunction petition writ mandamus appropriate action suit proceeding compel obedience compliance act prevent violation act provision thereof pending proceedings said commission thereafter final determination action suit proceeing enforcement review final order said commission shall jurisdiction grant appropriate order judgment decree premises person subject provisions act shall fail refuse comply requirement sion hereunder person shall subject fine less one hundred dollars five hundred dollars offense person officers corporation person corporation may indicted failure comply requirement commission provisions act upon conviction thereof may fined exceed five hundred dollars discretion confined jail exceed thirty days every day person officer agent employee person shall fail observe comply order direction commission perform duty enjoined act shall constitute separate distinct violation order direction act case may person claiming damaged violation act may bring suit behalf recovery damage person persons violating circuit jurisdiction action may compel attendance person persons said action brought officer director agent employee person persons witness also require production books papers documents may useful evidence trial thereof witness may compelled testify witness shall prosecuted offense concerning compelled hereunder testify word within meaning act shall construed meanan include persons firms corporations sections provisions clauses act shall deemed separable also respect persons firms corporations consumers mentioned therein affected thereby separable part act held unconstitutional reason invalid unenforceable remaining parts thereof shall remain full force effect acts parts acts conflict act hereby repealed state constitution act went effect expiration days legislature distinguished approval governor state mounts words service corporation used act shall include persons associations persons firms corporations municipalities agencies engaged employed business herein enumerated public service business whether enumerated whether incorporated acts acts acts see acts large part gas produced available distribution public much consumed within state field drilling cleaning wells operation compressor pump stations transport gas producer must also reservations leases ordinarily deliver landowner free gas service temptation discriminate may great pennsylvania ohio communities formerly supplied local production natural gas longer possible afford pay vary high price gas rather discard existing gas appliances install new ones required oil coal substituted fuel average price per cubic feet domestic consumption cents west virginia cents pennsylvania cents ohio industrial consumption cents west virginia cents pennsylvania cents ohio geological survey gas published may state property interest running water naturally flowing public waters air within boundaries georgia tennessee copper sup ann cas running water withheld property taken public waters air polluted territorial integrity invaded alleged right purchase interstate commerce import natural resource sense right state described appropriately privilege citizens compare louisiana texas sup privileges state charged federal constitution duty enforce fact institution suits specially authorized legistures pennsylvania ohio legal significance attorney general ohio brief supply gas adequate consumption inside state west virginia transportation time world war record pp reason vast demand gas industrial consumption occurred result war drew upon lines gas companies summer heavily heavily winter gas companies opportunity rest wells accumulate surplus gas normal conditions federal government unde normal conditions federal governent fuel administration gave orders gas companies supply essential industrial plants gas possible wells drilled turned lines normal conditions held reserve assure future supply record pp supply gas never adequate purposes periods maximum demand since time may production increase war closed excessive activities early ceased followed period industrial depression may opportunity periodic rest gas wells well human beings appear need thus seemingly exhausted wells may restored furthermore hitherto undeveloped gas areas may worked wells may drilled areas already developed new areas may opened acres gas territory held public service corporations state large part still undeveloped moreover demand may lessen except times emergency use natural gas industries determined largely relative cost compared coal oil demands economy manufacture may alone compel reduction use industry thus time leave supply ample domestic purposes pennsylvania used manufacturing purposes three times much natural gas imported west virginia geological survey gas published may pp domestic consumption amounts per cent total consumption geological survey gas supra moreover present large waste may stopped waste ohio per cent per cent per cent hand west virginia waste per cent per cent gas supra situation wholly unlike pressented savage jones sup relied upon plaintiffs suit state chemist executive official vested power act complainant default compliance cause arrest prosecution every person dealing article within state distributed broadcast throughout state warning circulars moreover even west virginia statute construed imposing penalties disobedience severe menacing require interposition federal public service corporations west pennsylvania thereby denied due process law doctrine ex parte young corporations sue oklahoma operating love sup relied upon plaintiff sufficient say attorney general governor even legislature state conclusively deemed represent public interests controversy presented bill even state voluntarily becomes complainant equity claim represent sides controversy minnesota northern securities sup production pennsylvania cubic feet consumption ohio production cubic feet consumption geological survey gas published may production kentucky cubic feet consumption indiana production consumption maryland production negligible geological survey bulletin gas supra idea may formed scope inquiry examining data concerning natural gas operations collected geological survey instance appear potential supply pennsylvania ample present needs concerns prefer husband resources remoter future unjust discrimination part west virginia companies deny customers within state adequate supply supplying pennsylvania distributing companies amount gas might produced reserves within pennsylvania kentucky ample supplies undeveloped fields sought gas west virginia kentucky companies funds inclination make time large investment required secure supply within state circumstances west virginia companies justified supplying kentucky demand leaving west virginia customers unsatisfied distributing companies pennsylvania ohio kentucky indiana permitted extend mains add new customers west virginia recognized insufficiency supply satisfy needs consumers within state shall deemed existing demand state existing demand limited customers already connected mean amount theretofore taken customers may wish take existing appliances