People's Gaslight & Coke Co. v. City of Chicago
| Decision Date | 20 June 1923 |
| Docket Number | Nos. 14811,14844.,s. 14811 |
| Court | Illinois Supreme Court |
| Parties | PEOPLE'S GASLIGHT & COKE CO. v. CITY OF CHICAGO (two cases). |
Proceeding between the People's Gaslight & Coke Company and the City of Chicago before the Public Utilities Commission. From the Commission's order, appeal was taken to the circuit court, which made orders from which both parties appeal.
Order allowing appeal set aside, and cause remanded, with directions.
Appeals from Circuit Court, Sangamon County; E. S. Smith, judge.
Cooke, Sullivan & Ricks, of Chicago, for People's Gaslight & Coke Co.
Donald R. Richberg, of Chicago, for city of Chicago.
In a proceeding before the Public Utilities Commission to determine a just and reasonable rate to be charged by the People's Gaslight & Coke Company for gas, the commission, in fixing the rate base, found the present value of the company's property used and useful in furnishing gas to the consumers in the city of Chicago (exclusive of the main office building, going value, and working capital) to be $72,000,000. From the order of the commission fixing the rate to be charged, an appeal was taken to the circuit court of Sangamon county, and it was filed therein to the January, 1921, term thereof. March 17, 1922, the court ordered:
‘That the order of the Public Utilities Commission be and the same is hereby reversed, with directions to make such findings as are deemed to support the conclusions of the commission as to the valuation, for rate-making purposes, of the property of the People's Gaslight & Coke Company.’
Later in the March term, April 24, 1922, a judgment was entered by which it was ordered:
‘That the order of the Public Utilities Commission entered December 21, 1920, being the order appealed from in this case, be and it is hereby reversed, and said cause is hereby remanded to the said Public Utilities Commission, said commission is hereby directed to make specific findigns of fact showing upon what basis and by what method or methods or processes the said commission arrived at the conclusion that the value of appellant's property devoted to the public use (exclusive of the items of main office building, going value, and working capital) is the sum of $72,000,000.’
From these orders an appeal was prayed and perfected by both parties, and the appeals have been consolidated in this court.
Section 68 of the Public Utilities Act (Hurd's Rev. St. 1921, c. 111a) allows an appeal to the circuit court ‘for the purpose of having the reasonableness or lawfulness of the rule, regulation, order or decision inquired into and determined.’ The court, in reviewing the decision of the commission, does not exercise appellate jurisdiction, but makes an original judicial investigation; the issue before the court being the reasonableness or lawfulness of the commission's decision. The so-called appeal is a method of...
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