Shawnee Gas & Elec. Co. v. State

• Decision Date: 12 March 1912
• Citation: 122 P. 222,31 Okla. 505,1912 OK 212
• Parties: SHAWNEE GAS & ELECTRIC CO. v. STATE ex rel. SHAWNEE CITY WATERWORKS et al.
• Court: Oklahoma Supreme Court

122 P. 222

31 Okla. 505, 1912 OK 212

SHAWNEE GAS & ELECTRIC CO. v. STATE ex rel. SHAWNEE CITY WATERWORKS et al.

Supreme Court of Oklahoma

March 12, 1912

Syllabus by the Court.

This court is without jurisdiction to review on appeal an order of the Corporation Commission prescribing a schedule of rates to be charged by a gas company for gas it distributes to its patrons.

Appeal from the State Corporation Commission.

Proceedings by the State, on the relation of the Shawnee City Waterworks and others, against the Shawnee Gas & Electric Company before the Corporation Commission. From an order granting a reduction in rates, the Shawnee Gas & Electric Company appeals. Appeal dismissed.

Flynn Chambers & Lowe and Edward Howell, for appellant.

Chas West, Atty. Gen., and Chas. L. Moore, Asst. Atty. Gen., for appellees.

HAYES J.

Appellant is a corporation, and is engaged in distributing gas to the inhabitants of the city of Shawnee under a franchise granted to it by that city. The ordinance by which the franchise is granted to appellant fixes the maximum rate which it shall be permitted to charge for gas furnished to the inhabitants of the city. Until a short time before the institution of this proceeding before the Corporation Commission, appellant furnished to certain industries located in said city including appellees, gas at rates considerable lower than the maximum rate fixed by the franchise. It recently, however, advanced these rates; but not above the authorized maximum rate. Appellees thereupon filed their application with the Corporation Commission, by which they sought an order reducing the recently advanced rate, and the commission, upon a hearing of said application, made an order granting a reduction in rates from which this appeal is prosecuted. Heretofore, after briefs filed and submission of the cause upon its merits, this court considered it upon its merits, and rendered an opinion and judgment reversing the order of the Corporation Commission. Thereafter, within the time fixed by the rules of the court, a petition for rehearing was filed by appellees. Upon considering that petition, a question other than upon the merits decisive of the entire case not heretofore suggested by counsel in the case, nor appearing to the court, has suggested itself to the court, which it is the duty of the court to consider of its own motion. The question referred to is that the court is without jurisdiction of this appeal. The Corporation Commission is a creature of the Constitution. Its powers and jurisdiction must be found in provisions of that document or statutes passed in pursuance thereof. Likewise the power of this court to review its orders must be found in the Constitution, or in some statute enacted by the Legislature. There is no provision in the Constitution that grants the right or provides for an appeal to this court generally from all orders of the Corporation Commission. Section 20, art. 9, of the Constitution, authorizes an appeal to this court from certain enumerated classes and character of orders of the commission. That section, in so far as applicable to the question here considered, is as follows: "From any action of the commission prescribing rates, charges or classifications of traffic, or affecting the train schedule of any transportation company, or requiring additional facilities, conveniences, or public service of any transportation or transmission company, or refusing to approve a suspending bond, or requiring additional security thereon or an increase thereof, as hereinafter provided for, an appeal (subject to such reasonable limitations as to time, regulations as to procedure and provisions as to cost, as may be prescribed by law) may be taken by the corporation...