State ex rel. Heltzel v. Portland Traction Co.

• Jurisdiction: Oregon
• Court: Oregon Supreme Court
• Writing for the Court: WARNER
• Citation: State ex rel. Heltzel v. Portland Traction Co., 287 P.2d 202, 205 Or. 220 (Or. 1955)
• Decision Date: 01 September 1955
• Parties: STATE of Oregon ex rel. Charles H. HELTZEL, Public Utilities Commissioner, Relator, v. PORTLAND TRACTION COMPANY, an Oregon corporation, Defendant.

Page 202

287 P.2d 202

205 Or. 220

STATE of Oregon ex rel. Charles H. HELTZEL, Public Utilities Commissioner, Relator, v. PORTLAND TRACTION COMPANY, an Oregon corporation, Defendant.

Supreme Court of Oregon.

Submitted On Petition Aug. 31, 1955.

Decided Sept. 1, 1955.

Robert Y. Thornton, Atty. Gen., John R. McCullough, and Robert R. Hollis, Asst. Attys. Gen., for the petition.

Clarence D. Phillips, H. H. Phillips and Phillips, Coughlin, Buell & Phillips, Portland, contra.

WARNER, Chief Justice.

Chas. H. Heltzel, Public Utilities Commissioner of the State of Oregon as Relator relying upon Art. VII, § 2, of the Constitution of Oregon, petitions for the issuance of a writ of mandamus directing the defendant Portland Traction Company, to render service as a common carrier of passengers by railroad in intra-state commerce in Oregon in accordance with the terms and conditions of the Relator's previous orders and regulations relating to the operations of said defendant rather than under defendant's time table Number 6 hereinafter referred to. The Relator alleges that the Commissioner's Order Number 32940, dated April 19, 1954 and Order Number 33743, dated April 22, 1955, are being thus disobeyed by use of such time table.

The record reveals that there was recently pending in the Circuit Court for Marion County, Case Number 42354, wherein the Portland Traction Company is Plaintiff and Heltzel, as the Utilities Commissioner is Defendant. It is apparent to us from the pleadings that the subject matter and issues in that case are identical with the subject matter and issues presented by the Relator's petition here. We also find that the Circuit Court overruled defendant's demurrer to the complaint in that suit and subsequently, in the month of August of this year entered a final decree enjoining the Commissioner from further action on its order of July 27, 1955, wherein the Relator attempted to...