Rep. Birmingham introduced a bill that would direct the state legislature to memorialize Congress in favor of federal legislation that would assure states of their authority over intrastate utility business (Springfield Republican, Feb. 5, 1931, p. 15).
Wallace H. Walker, secretary of the Public Franchise League, testified in favor of the bill before a Feb. 4 hearing of the Legislative Committee on Constitutional Law. Walker said the legislation would “prevent local utilities from jumping into federal courts before they had taken advantage of their rights of appeal to state courts.” The Massachusetts Gas and Electric association oppose Birmingham’s bill, arguing that even if the federal legislation were passed, it would not prevent state utilities from asking federal courts to review their cases and that the right of appeal to state courts is very limited.
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