In re Okmulgee Gas Co.

• Decision Date: 14 January 1930
• Docket Number: 17134.
• Citation: 284 P. 70,141 Okla. 98,1930 OK 35
• Parties: In re OKMULGEE GAS CO. v. OKMULGEE GAS CO. CITY OF OKMULGEE
• Court: Oklahoma Supreme Court

284 P. 70

141 Okla. 98, 1930 OK 35

In re OKMULGEE GAS CO.

CITY OF OKMULGEE v. OKMULGEE GAS CO.

No. 17134.

Supreme Court of Oklahoma

January 14, 1930

Appeal from Corporation Commission.

Application of the Okmulgee Gas Company for a revocable permit in lieu of its municipal franchise, opposed by the City of Okmulgee. From an order of the Corporation Commission granting the application, the City of Okmulgee appeals. Reversed and remanded, with directions.

Hunt J., dissenting.

L. L Cowley, of Okmulgee, and A. E. Underwood, of Clinton, for plaintiff in error.

Ames Cochran & Ames, of Oklahoma City, and Allen, Underwood & Smith, of Tulsa, for defendant in error.

SWINDALL J.

This appeal is from an order of the Corporation Commission of the state of Oklahoma wherein on July 10, 1925, the Okmulgee Gas Company, a corporation, filed with the corporation of the state of Oklahoma a declaration and agreement of the Okmulgee Gas Company, a corporation, surrendering its municipal franchise in exchange for a revocable permit. On the 18th day of July, 1925, the city of Okmulgee, state of Oklahoma, a municipal corporation, filed its protest and objection to the jurisdiction of the Corporation Commission to permit the Okmulgee Gas Company, a corporation, to surrender its municipal franchise in exchange for a revocable permit, and alleging that House Bill No. 4 is in violation of and contrary to section 5(a) of article 18 of the Constitution, and to section 32 of article 2 of the Constitution, and to other sections of the Constitution of the state of Oklahoma.

On the 18th day of July, 1925, the Corporation Commission of the state of Oklahoma denied the protest and objections of the city of Okmulgee, and issued a certificate of issuance of revocable permit to the Okmulgee Gas Company, and, from that order of the commission, the city of Okmulgee gave notice of appeal to this court, and a transcript of the proceedings before the Corporation Commission duly certified to, as required by law, was filed in this court on January 15, 1926. Thereafter a stipulation was filed in said cause, agreeing that it might be held in abeyance pending a decision by this court in No. 18465, city of Okmulgee, a Municipal Corporation, v. Okmulgee Gas Company, a Corporation, Defendant in Error, and Oklahoma Natural Gas Corporation, Substituted Defendant in Error.

This court has decided cause No. 18465 which has become final, and is reported in 139 Okl. ---, 282 P 640, and in that case we held that, chapter 102 of the Session Laws of Oklahoma 1925 being an act relating to the business of furnishing power, light, heat, gas, electricity, or water in cities and towns, authorizing the surrender of municipal franchises in exchange for revocable permits, requiring certificates of convenience and necessity, and providing for the determination and issuance thereof, and repealing acts in conflict therewith, by its terms authorizes any person, firm, association, or corporation now or hereafter engaged in the business of furnishing power, light, heat, gas, electricity, or water as a public utility in any city or town in this state under a municipal franchise now in existence, or hereafter granted by such municipality at any time before the expiration of such franchise, but not thereafter, to file with the clerk of the municipal corporation which granted such franchise, and with the Corporation Commission of the state of Oklahoma, a written declaration and agreement issued in the manner required for the execution of...