Okla. Cotton Ginners' Ass'n v. Walker
Decision Date | 19 June 1934 |
Docket Number | Case Number: 25018 |
Citation | 1934 OK 368,168 Okla. 459,33 P.2d 766 |
Parties | OKLAHOMA COTTON GINNERS' ASS'N v. WALKER et al. |
Court | Oklahoma Supreme Court |
¶0 Corporation Commission -- Cotton Gins -- State-Wide Order Fixing Rate for Ginning Set Aside Where Rate Inadequate in Certain Localities.
Where the Corporation Commission attempts to fix a rate to be charged by cotton ginners for the ginning and wrapping of cotton, to be state-wide in extent, and it appears from the record that such rate is inadequate in certain portions of the state, the same will be vacated and set aside.
Appeal by the Oklahoma Cotton Ginners' Association from an order of the Corporation Commission of Oklahoma; Paul A. Walker and others, Commissioners. Order vacated.
Rainey, Flynn, Green & Anderson, Alger Melton, and C. E. Dudley, for plaintiff in error.
A. Holmes Baldridge, for defendants in error.
¶1 This is an appeal by the Oklahoma Cotton Ginners' Association from an order of the Corporation Commission fixing rates to be charged by all persons, corporations, or concerns engaged in the ginning of seed cotton as a public business and operating cotton gins within the state of Oklahoma for the ginning season 1933-1934, and effective after September 5, 1933.
¶2 The rates prescribed by the order of the Corporation Commission are 20c per 100 pounds for picked cotton and 221/2c per 100 pounds for snapped or bollie cotton.
¶3 The order further provided that the charges for supplying bagging and ties for that ginning season should be 90c per pattern for sugar bagging, 13/4 pound weight, and $ 1 per pattern for jute bagging, grade "A," 2 pound weight.
¶4 The several assignments of error complained of are summarized and presented as follows:
"That the said order of the Corporation Commission is not supported by the evidence, is contrary thereto, is contrary to the law and the evidence; that the rates prescribed in said order are arbitrary, unjust and unreasonable and deprive the owners and operators of said gins of their property without due process of law in violation of article II, section 7, of the Constitution of the state of Oklahoma and of the Fourteenth Amendment to the Constitution of the United States."
¶5 The cause was heard and determined principally upon the evidence of witness M. B. Louthan and the data presented by him. Mr. Louthan is the accountant for the Corporation Commission. The data from which his report was based, shown in exhibit "2", were obtained from reports and figures which were required to be supplied to the Commission by the gin owners for the season of 1932-1933. (The only change appearing in exhibit "2" was the item of adjustment.) For the purposes of this case, counsel for the plaintiff have agreed and accepted the data as true and correct and the proper data to be considered in determining the validity of the order appealed from.
¶6 In its brief the Corporation Commission says that one of the most perplexing problems in the establishing of gin rates is the determination of the proper basis to be used in establishing a rate. The rate fixed was for the state as a unit. In its brief it says:
To continue reading
Request your trial-
Okla. Cotton Ginners' Ass'n v. State
...as to the nature of the appeal in such cases, and of the failure to notice the question in the case of Oklahoma Cotton Ginners' Ass'n v. Walker et al., 168 Okla. 4593333 33 P.2d 766, we shall not determine that question herein, but will go to the merits of the controversy as presented by th......
-
Oklahoma Cotton Ginners' Ass'n v. State
... 51 P.2d 327 174 Okla. 243, 1935 OK 1004 OKLAHOMA COTTON GINNERS' ASS'N et al. v. STATE et al. No. 26638. Supreme ... the failure to notice the question in the case of ... Oklahoma Cotton Ginners' Ass'n v. Walker et ... al., 168 Okl. 459, 33 P.2d 766, we shall not determine ... that question herein, but will ... ...
-
Oklahoma Cotton Ginners' Ass'n v. Walker
...33 P.2d 766 168 Okla. 459, 1934 OK 368 OKLAHOMA COTTON GINNERS' ASS'N v. WALKER et al. No. 25018.Supreme Court of OklahomaJune 19, 1934 ... ... ...