New York Paper - Is it Feasible to Make Common Carriers of Natural Gas Transmission Lines?

Over 8,000,000 people in the United States depend on natural gas for their cooking, heating and lighting service. This service has been made possible only by the investment of large amounts of capital in transportation lines connecting the gas wells to the various communities, thus combining a hazardous mining operation with a public utility service. The effect that making these lines " common carriers" will have on the present and future service to these 8,000,000 or more people is of far reaching ethical and economic importance, and deserves careful consideration. As an introduction, it must be conceded that: 1. Natural gas, although a mineral and obtained by a mining operation—with more uncontrollable and uncertain features to cope with than exist in the mining of coal or other minerals—when served to the public becomes a public utility service. 2. The governmental power to regulate all public utilities in the interests of the public cannot be successfully disputed. 3. Mere suggestion of inconvenience to the utility is wholly irrelevant, as it cannot be considered or allowed to influence in making a defense against governmental regulation. Unfortunately it is not generally appreciated that:.. I . 1. Legislative enactments are not necessarily laws, and cannot abrogate economic laws or alter engineering facts. 2. There is a clear distinction between "common carrier7' and "public utility," although the terms are frequently confused. "A common carrier is one who undertakes for hire to transport persons or goods, or both, from place to place for all persons indifferently, the term implying indifference as to whom shall be served, and an equal readiness to serve all who apply, in the order of their application." On the other hand, property becomes a "public utility" only "when for a particular purpose the public have a right to resort to the premises and make use of them." It is, therefore, important to note that not all public utilities can be regarded as common carriers. The U. S. Supreme Court has already