Daviess-Martin County Rural Telephone Corp. v. Public Service Commission
| Decision Date | 15 June 1961 |
| Docket Number | DAVIESS-MARTIN,No. 19283,19283 |
| Citation | 175 N.E.2d 439,132 Ind.App. 610 |
| Parties | , 39 P.U.R.3d 384 COUNTY RURAL TELEPHONE CORPORATION, Appellant, v. PUBLIC SERVICE COMMISSION of Indiana: John Van Ness, Ira Haymaker, Leslie Duvall, as Members of the Public Service Commission of Indiana, and Indiana Telephone Corporation, Appellees. |
| Court | Indiana Appellate Court |
Gray & Waddle, Petersburg, Tennis & Cochran, Sullivan, Jack E. Hayes, Washington, for appellant.
Claude M. Warren, Indianapolis, Goodrich, Campbell & Warren, Indianapolis, Of Counsel, for appellee, Indiana Telephone Corp.
Frank L. Harlor, Public Counsellor, Asst., Indianapolis and Edwin K. Steers, Atty. Gen., for Public Service Comm.
On April 26, 1961, this court affirmed the order and decision of the Public Service Commission in the foregoing cause.
The appellant filed on May 5, 1961, Petition for Rehearing, alleging error of this court in the following respects:
'1. In failing to give a statement in writing and in failing to give a decision thereon of a substantial question arising on the record and presented by Appellant's Brief, to-wit:
'The constitutional question that the Order of the Commission is a confiscation of the property of the Appellant in violation of the Bill of Rights of the Indiana Constitution, Article I, § 12, and the 14th Amendment to the Federal Constitution.
'2. In failing to give a statement in writing and in failing to give a decision thereon of a substantial question arising on the record and presented by Appellant's Brief, to-wit:
'That the issuance of a Certificate of Public Convenience and Necessity to a telephone utility by the Public Service Commission is without authority under the provisions of Chapter 158 of the Acts of 1951, since said Act does not provide for the issuance of a Certificate of Public Convenience and Necessity by the Public Service Commission either within the provisions of the Act itself or within the Title thereto.
'3. In failing to give a statement in writing and in failing to give a decision thereon of a substantial question arising on the record and presented by Appellant's Brief, to-wit:
'The issuance of a Certificate of Public Convenience and Necessity to a telephone utility by the Public Service Commission under the provisions of Chapter 158 of the Acts of 1951 is unconstitutional under the provisions of Article 4, Section 19 of the Constitution of the State of Indiana for the reason that such provision in the Act is not expressed in the Title thereto, and is, therefore, void.'
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