Citizens Electric Illuminating Co. v. Lackawanna & Wyoming Valley Railroad

99 A. 465, 255 Pa. 176, 1916 Pa. LEXIS 544
CourtSupreme Court of Pennsylvania
DecidedOctober 2, 1916
DocketAppeal, No. 116
StatusPublished
Cited by19 cases

This text of 99 A. 465 (Citizens Electric Illuminating Co. v. Lackawanna & Wyoming Valley Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens Electric Illuminating Co. v. Lackawanna & Wyoming Valley Railroad, 99 A. 465, 255 Pa. 176, 1916 Pa. LEXIS 544 (Pa. 1916).

Opinion

Opinion by

Me. Justice Stewart,

An obvious distinction between the present case and that of the Citizens’ Electric Illuminating Company v. The Lackawanna and'Wyoming Valley Power Company, 255 Pa. 145, lies in the fact that there the controversy was between two electric companies, while here it is between an electric company — the same that was complainant in that case — and a railroad company. The distinction denotes a substantial difference which makes irrelevant here some of the questions that there arose and were more or less governing, and requires here a consideration and application of rules and principles which there were foreign to the subject with which we were dealing. First of all, let it be clearly understood what it Is that here is the subject of plaintiff’s complaint. The plaintiff is a chartered electric company, having for its field of. operation the Township off Jenkins in Luzérne County, including the City of Pittston. As against every other electric company not having by its charter a [179]*179right to operate in Jenkins Township, it possesses an exclusive privilege. The defendant company is not an electric company, but a railroad company, chartered exclusively for the transportation of passengers and freight. It owns and operates a railroad extending from' the City of Scranton through Jenkins Township to Wilkes-Barre, using electricity as its motive power, which it develops at its electric plant in the City of Scranton. The Pennsylvania Coal Company, a corporation not allied in any way with the defendant company, owns and operates certain coal mines in Jenkins Township, and employs electric current in its works at these several mines. The defendant company has engaged with this coal company to supply it with electric current from its plant in the City of Scranton sufficient for its mining operations. It is of this proposed action on the part of defendant company, now restrained by the injunction, that the plaintiff complains, on the ground that it would ■ be an invasion of and interference with the franchise or power it enjoys in Jenkins Township under its charter, by a company having no corresponding franchise. It is not the right of the defendant company, under its charter, to produce electric current and use the same for its own purposes wherever these may require it, even in Jenkins Township, that is challenged, but its right to sell the electric current it produces, or any part of it, to another corporation not allied to it in any way using electricity for other than railroad purposes, and operating in territory which the complaining company was chartered to supply with light, heat and power. It is for the appellant to make good its claim of right to do the thing complained of; and this it can do only as it can point to an express or implied authority contained in its charter. It is conceded that a corporation hás no natural rights, such as an individual or partnership has, and if a power is claimed for it, the words giving the power, or from which it is necessarily implied, must be found in the charter, or it does not exist. “That which a company [180]*180is authorized to do by its charter of incorporation, it may do; beyond that, all its acts are illegal. And the power must be given in plain words, or by necessary implication. All powers not given in this direct or unmistakable manner, are withheld, if you assert that a corporation has certain privileges, show us the words of the legislature conferring them. Failing in this, you must give up your claim. A doubtful charter does not exist; because whatever is doubtful is decisively certain against the corporation”:. Com. v. Erie & North-East R. R. Co., 27 Pa. 339, 351. Appellant neither pleads exemption from this rule, nor seeks to avoid its stringency, but insists that it has both express and necessarily implied authority to do the thing complained of. We do not think it necessary to follow the argument advanced to show an express authority for the appellant company and point out at length where it is unsatisfactory and unconvincing. The reliance is upon the general railroad law of Feb. 19, 1849, P. L. 79, and the Act of March 19, 1903, P. L. 34. It is sufficient to say with respect to the former that it can be construed as granting authority to railroad companies to sell motive power, not only by doing violence to the plain meaning of the words there employed, but their technical meaning, — if indeed they can be said to have technical meaning as distinguishable from ordinary parlance — as well. The transaction permitted by the act may be a bailment or a hiring for which compensation may be demanded for the use of the thing and the labor and service about it, but to speak of it as a sale is a misuse of language too plain to be equivocal. With hespect to the other statute, the Act of March 19, 1903, it may be conceded that appellant and the Pennsylvania Coal Company both fall within the general classification of corporations entitled to exercise the powers and privileges conferred by the act; and further, that to such corporations in unmistakable language is given the power to contract with each other for the sale and purchase of electrical current, precisely what they are here [181]*181restrained from doing. Were our inquiry to extend no further than to ascertain whether the general terms employed in the enacting clause are broad enough, in the sense in which they are originally understood, to embrace the right here contended for, and this is appellant’s contention, the case would undoubtedly-rest with appellant. But the rule which appellant invokes is always in subordination to another and fundamental rule that requires every statute to be construed with reference to the object intended to be accomplished by it, a rule which governs even to the extent of restraining the meaning of general terms where found necessary in order to interpret clearly the spirit and reason of the statute. Confining then our attention to the enacting clause, which reads: “Be it enacted, that it- shall and may be lawful for corporations, for what purpose soever formed, and lawfully using electrical current, within this Commonwealth, to enter into contracts with each other for the use of the same poles, wires and conduits, or for the lease and operation of each others’ systems, upon such terms and conditions as they may agree upon.” What are we to learn therefrom as to the object intended to be accomplished? What was the end in view in giving to corporations using electric current the enlarged powers enumerated? These were not ends in themselves, but manifestly are associated in the act as proper correlatives for the accomplishment of a distinct purpose. Obviously there is one thing that the grant of such powers to such corporations would, if employed, be certain to accomplish by way of prevention, that is the multiplication of lines of poles and conduits and systems of wires for conducting electric current along the various roads and streets of the Commonwealth. Can any other be suggested? We know of nope. Was this a subject challenging legislative concern? Was there an existing mischief for the correction of which such legislation would be appropriate? That the multiplication of lines of poles, conduits and systems of wires for conducting cur[182]*182rents of electricity along the public roads and streets had becpme a source of annoyance and danger to the public, was a matter of common knowledge, and the appropriateness of fhe act as an available remedy is too apparent to be questioned.

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Cite This Page — Counsel Stack

Bluebook (online)
99 A. 465, 255 Pa. 176, 1916 Pa. LEXIS 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-electric-illuminating-co-v-lackawanna-wyoming-valley-railroad-pa-1916.