In re Northwestern Indiana Telephone Co.

• Decision Date: 14 April 1930
• Docket Number: 25,676
• Parties: In re Northwestern Indiana Telephone Company et al
• Court: Indiana Supreme Court

171 N.E. 65

201 Ind. 667

In re Northwestern Indiana Telephone Company et al

No. 25,676

Supreme Court of Indiana

April 14, 1930

1. PUBLIC SERVICE COMMISSIONS---State Administrative Agent---Have No Legislative Authority.---The Public Service Commission is an administrative agent of the State, with only administrative and ministerial powers, and has no legislative authority (Constitution, Art. 4, 1). p. 673.

2. PUBLIC SERVICE COMMISSIONS---Petition to Purchase Stock in Another Utility---Adverse Parties Unnecessary.---The Public Service Commission Act does not contemplate naming adverse parties to a petition by one public utility to purchase another's stock under 95 of the act (12767 Burns 1926) the proceeding being ex parte, notice being given by publication of the time and place of the hearing on the petition, the purpose thereof being to advise the public generally of the time and place of such hearing. p. 673.

3. PUBLIC SERVICE COMMISSIONS---Petition to Purchase Stock in Another Utility---Intervention by Objectors Unnecessary.---There is nothing in the law requiring intervention on the part of an objector to a petition by one public utility to purchase another's stock under 95 of the Public Service Commission Act (12767 Burns 1926), but any person, persons or corporation may appear in person or by counsel before the commission for the purpose of objecting to or of advocating the relief prayed in the petition. p. 673.

4. PUBLIC SERVICE COMMISSIONS---Power of Courts over Orders and Regulations---Presumption as to Good Faith and Validity of Orders.---In reviewing the work of the Public Service Commission, the courts have nothing to do with purely administrative matters. So long as the commission keeps within the field of regulative powers over the persons or entities over which it has jurisdiction, its orders and action with reference to such matters must be respected by the courts. The presumption as to good faith on the part of the commission and of the validity of its orders must obtain until the contrary is made clearly to appear. p. 674.

5. PUBLIC SERVICE COMMISSIONS---Parties to Proceeding before Commission---Public Regarded as one Party.---In matters within the Public Service Commission's jurisdiction, the public, in the initial stages, should be regarded as one party and the utility as the opposite party. p. 674.

6. PUBLIC SERVICE COMMISSIONS---Rules of Procedure Before---Formality is Not Required.---The Legislature has not prescribed a formal code of procedure to be followed by the Public Service Commission in determining the facts in any proceeding before it. Hence, the manner of presenting any question for its consideration is left almost entirely to the commission, as is the method by which it may be ad- vised as to the proper action to be taken thereon. Formality is not required. p. 675.

7. PUBLIC SERVICE COMMISSIONS---Power to Interpret Statutes.---The Public Service Commission has power to determine its jurisdiction, and, to this extent only, it may interpret statutes conferring jurisdiction or limiting its powers by giving such statutes what is known as a "practical construction" as distinguished from a judicial construction. p. 675.

8. PUBLIC SERVICE COMMISSIONS---Appeal from Order Made---Ultimate Question on Appeal.---On appeal from an order of the Public Service Commission under 78 of the act creating the commission as amended Acts 1927, ch. 258 (12749 Burns' Supp. 1929), the ultimate question is whether the order is reasonable or within the commission's power. p 676.

9. PUBLIC SERVICE COMMISSIONS---Appeal from Order Made---How Case Tried on Appeal.---Under the express provisions of 78 of the Public Utilities Act as amended Acts 1927, ch. 2S8, on appeal from an order by the commission, the case is triable de novo and summarily in the court to which the appeal is taken. p. 676.

10. PUBLIC SERVICE COMMISSIONS---Appeal from Order Made---Commission Not Necessary Party.---The Public Service Commission is not a necessary party to an appeal from an order of the commission, either in the circuit court or on appeal therefrom to the Supreme or Appellate Court. p. 676.

11. PUBLIC SERVICE COMMISSIONS---Appeal from Judgment of Circuit Court---Right of Public Organizations to Appeal.---The facts that the Public Service Commission had acted pursuant to an order of the circuit court on appeal from the commission and that time for taking an appeal from the commission had expired would not preclude the municipality and organizations representing the public from appealing from the judgment of the circuit court. p. 677.

12. APPEAL---Assignment of Errors---Appeal from Judgment of Circuit Court in Public Utility Proceeding---Failure to Name Prevailing Parties Not Ground for Dismissal.---In an appeal from a judgment rendered in the circuit court on appeal from an order of the Public Service Commission, the fact that the petitioners, in whose favor the order was made, were not named as appellees in the assignment of errors was not ground for dismissing the appeal, the title of the appeal being the same as the title of the proceeding before the commission and in the trial court. p. 677.

13. APPEAL---Appellants---Who May be.---It is elementary that only parties to a judgment have the right to attack it by appeal. p. 678.

14. APPEAL---Right of Appellants to Appeal---How Determined.---When the right of appellants to appeal is questioned, the court will look to the entire proceedings as disclosed by the record, and regard substance rather than form. p. 678.

15. APPEAL---Right of Appellants to Appeal---Parties Actively Participating in Ex Parte Proceeding before Public Service Commission.---Where the record affirmatively discloses that the parties prosecuting an appeal from an ex parte proceeding before the Public Service Commission appeared throughout the proceeding, and, without objection actively opposed the granting of the petition therein, they may appeal from a judgment or order affecting their interests or the interests of the parties they represent. p. 678.

16. APPEAL---Judgment for Costs against Prevailing Parties---Right of Opposing Parties to Appeal.---That the judgment appealed from awarded costs against the prevailing parties would not prevent appeal by an opposing party adversely affected by the judgment or order made. p. 678.

17. CONSTITUTIONAL LAW---Power of Courts to Determine Public Policy.---Courts cannot and will not go into the field of legislation for the purpose of substituting their judgment for that of the Legislature as to questions of public policy unless there can be no legitimate suggestion in favor of the law. p. 679.

18. CONSTITUTIONAL LAW---Classification of Subject-Matter of Legislation---Beyond Power of Courts to Control.---The reasons that induce legislation and prompt legislative classification of subject-matter affecting all individuals situated and conditioned alike are legislative matters and beyond the power of the courts to control. p. 679.

19. PUBLIC UTILITIES---Subject to Rules and Regulations by the State---Public Service Commission has wide Discretion.---A public utility, empowered by the State to pursue its vocation, is subject to reasonable rules and regulations, in the manner provided by the Legislature, and, as to all matters over which the Public Service Commission has jurisdiction, the Legislature has given it a wide discretion p. 680.

20. PUBLIC SERVICE COMMISSIONS---Sale or Purchase of Utility Property by Another Utility---Power of Public Service Commission.---Section 95 of the Public Service Commission Act (12767 Burns 1926) does not give the Commission power to arbitrarily prohibit the sale or purchase of utility property by another utility, but the Legislature has vested it with authority, subject to review by the courts, to supervise or regulate the terms of sale in so far only as they affect the public. p. 680.

21. PUBLIC UTILITIES---Regulation of Public Utilities---Meaning of the Term.---Regulation and legislation are not synonymous terms as applied to public utilities. As thus applied regulation means a reasonable supervision, by an agency authorized by the Legislature, over the owner of property devoted to a public use, or in cases where the police power of the state may be invoked. p. 680.

22. PUBLIC SERVICE COMMISSIONS---Jurisdiction over Subject-Matter---Cannot be Conferred by Consent---When Jurisdiction May be Questioned.---Jurisdiction over a particular subject-matter cannot be con- ferred on the Public Service Commission by consent, and may be questioned at any time during a proceeding before it. p. 680.

23. PUBLIC SERVICE COMMISSIONS---Jurisdiction of Commission over Petition to Buy Property of Another Utility---Jurisdiction of Circuit Court on Appeal.---Section 95 of the Public Service Commission Act (12767 Burns 1926) confers jurisdiction on the Public Service Commission to hear a petition by one public utility to buy the property of another utility, and 78 of the act, as amended in 1927 (Acts 1927, ch. 258, 12749 Burns' Supp. 1929), confers jurisdiction on the circuit or superior court on appeal therefrom. p. 681.

24. STATUTES---Validity---Right to Question---On Appeal.---A public utility which has invoked a statute to obtain a right or privilege created or granted by the statute will not be permitted to question the validity of such statute, especially where the question of its validity was not raised in the trial court, as the constitutionality of a statute cannot be first questioned on appeal. p. 681.

25. CONSTITUTIONAL LAW---Public Service Commission Act---Section Authorizing Appeals---Unconstitutionality Thereof.---Although 78 of the Public Service Commission Act, as amended Acts 1927, ch. 258 (12767 Burns' Supp. 1929), authorizes appeals...