State v. Seehorn

• Decision Date: 12 July 1920
• Docket Number: No. 21905.,21905.
• Citation: 283 Mo. 508,223 S.W. 664
• Parties: STATE ex rel. CASE et al. v. SEEHOHN, Judge.
• Court: Missouri Supreme Court

223 S.W. 664

283 Mo. 508

STATE ex rel. CASE et al. v. SEEHOHN, Judge.

No. 21905.

Supreme Court of Missouri, in Banc.

July 12, 1920.

Mandamus by the State, on the relation of Mary B. Case and others, against Thomas J. Seehorn, Judge of the Circuit Court of Jackson County, Mo. Peremptory writ awarded.

Scarritt, Jones, Seddon & North and Lathrop. Morrow, Fox & Moore, all of Kansas City, for plaintiffs.

John H. Lucas, of Kansas City, for defendant.

BLAIR, J.

This is a proceeding by mandamus to compel Hon. Thomas J. Seehorn, judge of the Jackson county circuit court, to take jurisdiction and proceed to hear and determine the issues made on writ of review sued out against the Public Service Commission of Missouri. Relators are the petitioners who secured the issuance of the writ of review.

The Kansas City Light, Heat & Power Company is a corporation engaged in furnishing electrical energy and steam heat to the public in Kansas City, Mo. In 1918 this company applied to the Public Service Commission for an increase in rates, and filed the proposed schedules. Kansas City filed a protest. On June 12, 1918, the commission issued its notice that it had "set the above-entitled cause for hearing before the commission on Monday, June 24, 1918, at the office of the commission in Jefferson City, Mo." June 14, 1918, the commission made an order staying the proposed rates for a period ending October 28, 1918. June 22, 1918, many consumers, including relators, filed their protest against the proposed rates. June 24, 1918, the light company moved for a complete valuation of its property and "accounting examination of books." June 24, 1918, a hearing was had at Jefferson City before Commissioners Busby, Bean, Blair, and Simpson, "at which testimony of certain witnesses offered by the Kansas City Light, Heat & Power Company was heard. But no evidence was then offered on behalf of any other party to the said proceeding because it was not convenient to do so, and because of the assurance then given by the said commission that a temporary order only was contemplated in the near future, and that at a later date a full hearing would be had, probably at Kansas City." June 25, 1918, the Public Service Commission gave notice that it had set the cause "for further argument and introduction of further testimony July 3, 1918, at 9 a. m. at the office of the commission, in Jefferson City, Mo." On that date further argument was had, and the light company offered two additional witnesses "solely in regard to whether the Kansas City Light, Heat & Power Company should be granted a temporary surcharge for electric current pending further hearing and determination of the case." Thereafter, August 13, 1918, the commission entered its order, permitting the light company, until further order of the commission, to collect charges for electrical energy in accordance with previously established rates, plus a surcharge of 10 per cent.; prohibiting the collection, for steam-heating service, of any sums `in excess of previously established rates, "until further order by this commission" ; directing the commission's engineering and accounting departments "to bring the valuation and audit of the combined properties and of the electric department and heating department down to date"; "that the commission fully retain jurisdiction of the parties and subject-matter of the cause upon the evidence as may be offered for the purpose of making any modification of this order, or supplementary orders herein, at any time it may deem just and proper"; that the order should take effect September 1, 1918, and a copy be served on all parties affected. No motion for rehearing was filed, and no writ of review sued out.

May 26, 1919, the commission issued notice that it had set "the above-entitled cause for further hearing before the commission on Tuesday, June 10, 1919, at 10 o'clock a. m., at the Baltimore Hotel, Kansas City, Mo., at which time and place you will be given an opportunity to be heard." The record returned by the commission pursuant to the writ of review set out the foregoing notice and then recites:

"And thereafter, on the 10th, 11th, and 12th days of June, 1919, before Commissioners Busby and Flad, the following testimony was duly taken down by a reporter: `State of Missouri, Public Service Commission. At a hearing held by the Public Service Commission at Kansas City, Missouri, an the tenth, eleventh, and twelfth days of June, 1919. Present: William G. Busby, chairman, Edward Fled, commissioners. In the matter of the application of the Kansas City Light, Heat & Power Company for increase in rates for electrical current and steam heat.'"

Then follow the names of interveners, including relators and the appearances. Then:

"Chairman Busby: Gentlemen, we will call this case. I will ask the attorneys present to let the reporter have your names and the parties whom you represent. Very well, gentlemen, as I understand the case, it involves lighting and heating and power rates. presume the company has the laboring oar."

Thereafter the record returned under the writ of review set forth all the evidence taken by the commission at that hearing.

"On the 10th, 11th, and 12th days of June, 1919, pursuant to the said notice, a hearing was held at Kansas City, Mo., before said Public Service Commission, Commissioners Busby and Fled sitting. The testimony of a large number of witnesses offered by Kansas City Light & Power Company, by the city of Kansas City, and by the consumers of Kansas City Light & Power Company, including these relators, and by the Public Service Commission, was introduced and heard. The transcript of the evidence of said witnesses, exclusive of exhibits, covers 385 typewritten pages. At this hearing, in addition to the evidence of witnesses just referred to, the reports of the engineers and the accountants of the commission, covering the valuation of the property of Kansas City Light & Power Company, and the examination of its books and records, were introduced in evidence and heard; and also full and complete reports presented by experts of the Kansas City Light & Power Company, and by experts employed by the consumers and by Kansas City, were offered and heard. These reports were voluminous."

June 14, 1919, the commission issued notice that June 14, 1919, it had set "the above-entitled cause for final hearing and argument on Friday, the 27th day of June, 1919, at 10 o'clock a. m. at Jefferson City, Mo., at which time and place you will be given an opportunity to be heard." On June 27, 1919, the company offered two additional witnesses, and one of the commission's accountants was heard. The transcript of this testimony covered 43 pages. The parties were then given time to file briefs, and the argument of the matter was set for July 14, 1919, at Jefferson City, Mo. At the time and place named the parties presented their arguments.

On September 27, 1919, the commission filed its report and entered its order, authorizing the light company to charge increased rates for electricity and steam heat, effective October 20, 1919. In its report the commission states that "hearings" were held June 24 and July 3, 1918, and a temporary order made August 13, 1918, and that "further hearings were held by this commission at Kansas City on June 10, 11, and 12, and at Jefferson City on June 27, 1919, at which evidence was introduced by all parties in this case and by the commission engineers and accountants. This case was submitted for final decision on the evidence taken and the briefs of counsel for the company and interveners." Motions for rehearing were filed October 18, 1919, by Kansas City and the interveners, and the motions were sot down for argument on October 30, 1919. On. October 18, the final order was modified. On October 30, 1919, the arguments on the motions 'for rehearing were heard, and the motions were overruled on November 13, 1919.

November 29, 1919, relators applied to the circuit court of Jackson county for a writ of review, and on the same day the writ was issued. December 15, 1919, the commission, in obedience to the writ, transmitted to the circuit court of Jackson county "a full, true, and complete certified copy of the record, and all proceedings and testimony, together with all the original exhibits in the matter of the application of the Kansas City, Light, Heat & Power Company for increase in rates for electrical current and steam heat."

On the same day the light company, by leave of court, filed its plea to the jurisdiction of the Jackson county circuit court, alleging: (1) That the act attempting to confer jurisdiction is void and in violation of subdivisions 17 and 32 of section 53 of article 4 of the Constitution of Missouri; and (2) that the court had no jurisdiction because the "cause was not heard within the jurisdiction of this court, namely, at Kansas City, but the hearing thereof was at Jefferson City, in the county of Cole, and in the state of Missouri."

The cause was continued to December 22, 1919, and interveners and counsel for the commission announced they were ready for trial. Thereupon counsel for the light company presented the plea to the jurisdiction of the court. Relators moved to strike out this plea because: (1) Relators and the commission had submitted themselves to the jurisdiction of the court, and the jurisdiction could "not lawfully be impeached by the Kansas City Light, Heat & Power Company, which is not a Marty to the above-entitled suit"; (2) "the main and conspicuous hearing" was held at Kansas City, as shown "by the answer and return and records of the said commission filed and made a part thereof" ; and (3) "upon the entire answer and return" of the commission, including their records as returned, the court had jurisdiction. Thereupon the court overruled the motion to strike out the plea to the jurisdiction, and that plea was submitted "upon the answer and return of the Public Service...