State ex rel. Indianapolis Rys., Inc. v. Superior Court of Marion Cnty., 28337.

• Citation: 225 Ind. 301,74 N.E.2d 912
• Decision Date: 06 October 1947
• Docket Number: No. 28337.,28337.
• Parties: STATE ex rel. INDIANAPOLIS RYS., Inc., v. SUPERIOR COURT OF MARION COUNTY et al.
• Court: Indiana Supreme Court

225 Ind. 301
74 N.E.2d 912

STATE ex rel. INDIANAPOLIS RYS., Inc.,
v.
SUPERIOR COURT OF MARION COUNTY et al.

No. 28337.

Supreme Court of Indiana.

Oct. 6, 1947.

Original prohibition action by the State of Indiana, on the relation of Indianapolis Railways, Incorporated, petitioner, against the Superior Court of Marion County and its judges, respondents, to confine the Superior Court to its lawful jurisdiction.

Temporary writ of prohibition made permanent and absolute.

[74 N.E.2d 912]

Gilliom, Armstrong & Gilliom, of Indianapolis, for relator.

Cleon H. Foust, Atty. Gen., and Frank E. Coughlin, 1st Deputy Atty. Gen., and Robert Hollowell, Jr., of Indianapolis, for respondents.

STARR, Judge.

This is an original action seeking a writ of prohibition from this court to restrain the respondent, Superior Court of Marion County and its judges, and to confine the said court to its lawful jurisdiction.

The substantial facts in this case are as follows: On July 1, 1947, the Public Service Commission of Indiana established a new schedule of rates to be charged by the relator, which is a public utility engaged in furnishing local transportation service in Indianapolis and Marion County. The order of the Public Service Commission provided that these rates were to become effective July 14, 1947. This schedule of rates was to be a permanent rate schedule and was fixed and determined by the Public Service Commission after a series of hearings by said Commission.

On July 10, 1947, as authorized by § 54-429, Burns' 1933, Acts 1929, Ch. 169, § 1, the relator brought an action in the Marion Circuit Court to vacate and set aside and enjoin the enforcement of this rate. The setting aside of this order was sought upon the ground, among others, that the new rate schedule therein fixed, was confiscatory of the relator's property in violation of the 14th Amendment to the Constitution of the

[74 N.E.2d 913]

United States and Art. 1, § 21, of the Constitution of Indiana. It further appears, that after this action to rescind the order of the Public Service Commission had been commenced, and after the Marion Circuit Court had acquired jurisdiction of the same, to-wit: on July 12, 1947, there was filed in the respondent Superior Court of Marion County by the Public Service Commission of Indiana, and others, as plaintiffs, a complaint against this relator as defendant to enjoin this relator from collecting any rates or charges different from those fixed in said rate order of July 1, 1947, which is the rate order and rate schedule involved in the above described action in the Marion Circuit Court;...