Gremillion v. Louisiana Public Service Commission
Decision Date | 04 January 1937 |
Docket Number | 34127 |
Court | Louisiana Supreme Court |
Parties | GREMILLION v. LOUISIANA PUBLIC SERVICE COMMISSION et al |
Appeal from Nineteenth Judicial District Court, Parish of East Baton Rouge; James D. Womack, Judge.
Suit by P. Bennie Gremillion against the Louisiana Public Service Commission and others. From a judgment dismissing his suit plaintiff appeals.
Affirmed.
A. J Roy, of Marksville, for appellant.
Gaston L. Pirterie, Atty. Gen., and Joseph A. Loret, Sp. Asst. Atty Gen., for appellee.
O'NIELL, C. J., takes no part.
OPINION
This is an action by an individual, who is engaged in the operation of a motor passenger service in Louisiana, against the Louisiana Public Service Commission and its component members to enjoin the enforcement of its Order No. 1786 charging the plaintiff with the cost of a proposed investigation and examination of his business, under the provisions of Act No. 20 of the Second Extraordinary Session of the Legislature of Louisiana of 1934.
Plaintiff's contentions are that the act, under the authority of which the order was issued, does not apply to natural persons operating utilities; that such being the case, it discriminates against corporations, and that the act is broader than its title, contains more than one subject and contains subjects nor indicated by its title, and is therefore unconstitutional (Const.1921, art. 3, § 16).
A rule nisi issued, and in answer thereto, defendants filed exceptions of no cause or rightof action and an answer to the petition. The exceptions were submitted and the court reserved its ruling thereon, and the application for a preliminary injunction was then tried and submitted and, by agreement of counsel, the case was submitted on its merits on the same evidence as was adduced at the trial of the case for a preliminary injunction.
The trial judge rendered a judgment, overruling the exceptions of no cause or right of action, denying a preliminary injunction, and dismissed plaintiff's suit at his cost. The plaintiff has appealed.
Act No. 20 of the Second Extraordinary Session of the Legislature of Louisiana of 1934 has for its primary object and purpose, as expressed in its title, the imposition upon "public service and public utilities corporations" the burden of paying the expenses incurred by the Louisiana Public Service Commission in the examination of the affairs of "such corporations" to enable the Commission to fix and regulate the rates of such corporations.
The trial judge, in his written reasons for judgment, accurately stated the facts and, in disposing of the issues in the case, gave an able and thorough analysis of the pertinent authorities and the rules of construction applicable to statutes under the jurisprudence of this state and their application to the case at bar. We therefore quote, with approval, his opinion in full.
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