State v. Public Service Commission, No. 24808.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtGraves
PartiesSTATE ex rel. and to Use of MISSOURI PAC. R. CO. et al. v. PUBLIC SERVICE COMMISSION et al.
Docket NumberNo. 24808.
Decision Date31 December 1923
259 S.W. 445
303 Mo. 212
STATE ex rel. and to Use of MISSOURI PAC. R. CO. et al.
v.
PUBLIC SERVICE COMMISSION et al.
No. 24808.
Supreme Court of Missouri, Division No. 1.
December 31, 1923.
Motion for Rehearing Overruled March 7, 1924.

Appeal from Circuit Court, Cole County; Henry J. Westhues, Judge.

Certiorari by the State of Missouri, at the relation and to the use of the Missouri Pacific Railroad Company, and the Missouri Southern Railroad Company, to review a judgment

[259 S.W. 446]

of the circuit court affirming an award of the Public Service Commission of Missouri in favor of the Mid-Continent Equipment & Machinery Company. Judgment of circuit court reversed, and cause remanded to circuit court, with directions to reverse order of Commission.

M. U. Hayden and Jas. F. Green, both of St. Louis (Jules Fremon, of Leeper, of counsel), for appellants.

L. H. Breuer, of Rolla, and Frank B. Atwood, of Carrollton, for respondents.

GRAVES, J.


This case has its origin in a statutory certiorari from the circuit court of Cole county to the Public Service Commission. This statutory certiorari was upon the application of relators, and after trial and an adverse judgment in the circuit court they appear here as appellants.

The record certified by the Public Service Commission was its records and findings in a complaint by the Mid-Continent Equipment & Machinery Company against relators (Missouri Pacific Railroad Company and Missouri Southern Railroad Company) in which complaint the complainant charged that relators had transported for it used rails (railroad iron rails) from Buckner, Mo., to St. Louis, Mo., upon which shipments the complainant was charged freight at the rate of $7.70 per ton, when complainant charged that $4,50 was a reasonable rate for a gross ton of 2,240 pounds.

In the complaint it is said that there was "an excessive and unreasonable charge to the extent of four hundred fifty-four and 12/100 dollars ($454.12) for which complainant asks reparation." The complaint before the Public Service Commission then thus proceeds:

"Complainant calls attention to the publication in Supplement 2 to Southwestern Lines Tariff 68-I on May 3d and effective May 15, 1922.

"Complainant asks that a hearing be had of the above-mentioned complaint, and that such order or orders be made commanding the defendants above mentioned to refund to complainant the sum of $454.12 by way of reparation for the unreasonable charges hereinbefore described."

Both railroads filed similar answers, and we quote that of the Missouri Pacific Railroad only. Its answer is as follows:

"Now comes the Missouri Pacific Railroad Company, one of the defendants in the aboveentitled cause, and for its separate answer to the complaint filed herein says that it appears from the statements contained in said complaint that the charges complained of were collected under tariffs of the railroad company which were duly fixed with this Commission, and which had not been suspended or set aside.

"It is further alleged in the complaint that defendant railroad company collected from the consignee the freight charges in said tariffs, and that therefore the matter of such collection is one which this honorable Commission has no jurisdiction to annul or set aside.

"This defendant, therefore, states that this Commission has no jurisdiction, under the Public Service Commission Law of the State of Missouri, to make any order or enter any judgment as to the matters set up and pleaded in the complaint filed herein, and defendant prays that such complaint be dismissed."

After hearing the Public Service Commission entered an order, the pertinent portions of which are as follows:

"Order 2. That the defendants the Missouri Southern Railroad Company and the Missouri Pacific Railroad Company, as they participate in the traffic, be and they are hereby directed to pay to the Mid-Continent Equipment & Machinery Company the sum of $201.52, as damages by reason of the charging and collecting of the unlawful rate described in the report attached hereto.

"Order 3. That said award of damages shall be paid to said Mid-Continent Equipment & Machinery Company on or before December 1, 1922.

"Order 4. That this order shall be in full force and effect on and after the 15th day of November, 1922, and the secretary of the Commission shall forthwith serve, by mail, upon each party in interest, a certified copy of the report and order...

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18 practice notes
  • Clark v. Austin, No. 34481.
    • United States
    • United States State Supreme Court of Missouri
    • February 8, 1937
    ...it would be an unconstitutional body usurping judicial power. [State ex rel. Mo. Pac. Railroad Co. et al. v. Public Service Comm., 303 Mo. 212, 219, 259 S.W. 445, 447; City of Cape Girardeau v. St. L.S.F. Ry. Co., 305 Mo. 590, 604, 267 S.W. 601, 604.] Its members are not required to be Now ......
  • May Department Stores Co. v. Union E.L. & P. Co., No. 34288.
    • United States
    • United States State Supreme Court of Missouri
    • June 30, 1937
    ...State ex rel. v. Pub. Serv. Comm., 308 Mo. 328; State ex rel. v. Pub. Serv. Comm., 275 Mo. 201; State ex rel. v. Pub. Serv. Comm., 303 Mo. 212; State ex rel. v. Pub. Serv. Comm., 316 Mo. 233; State ex rel. v. Pub. Serv. Comm., 327 Mo. 93. (3) Under the facts as found by the referee, and by ......
  • State ex Inf. Attorney-General v. Curtis, No. 28264.
    • United States
    • United States State Supreme Court of Missouri
    • March 17, 1928
    ...provisions of the Constitution of Missouri for the distribution of powers. Art. 3, Mo. Constitution; State ex rel. v. Public Serv. Comm., 303 Mo. 212. Brackman, Hausner & Versen, amici curiae; Goodbar, Tittmann & Gilster, Thomas P. Moore and Montague Lyon of (1) The act is unconstitutional ......
  • Waterman v. Bridge & Iron Works, No. 30682.
    • United States
    • United States State Supreme Court of Missouri
    • July 28, 1931
    ...and as such is purely a judicial question to be heard and determined by a constitutional court only. State ex rel. Railroad v. P.S.C., 303 Mo. 212, 259 S.W. 445. The Legislature is powerless to vest judicial powers in any other body or change the jurisdiction, authority or powers of a const......
  • Request a trial to view additional results
17 cases
  • Clark v. Austin, No. 34481.
    • United States
    • United States State Supreme Court of Missouri
    • February 8, 1937
    ...it would be an unconstitutional body usurping judicial power. [State ex rel. Mo. Pac. Railroad Co. et al. v. Public Service Comm., 303 Mo. 212, 219, 259 S.W. 445, 447; City of Cape Girardeau v. St. L.S.F. Ry. Co., 305 Mo. 590, 604, 267 S.W. 601, 604.] Its members are not required to be Now ......
  • May Department Stores Co. v. Union E.L. & P. Co., No. 34288.
    • United States
    • United States State Supreme Court of Missouri
    • June 30, 1937
    ...State ex rel. v. Pub. Serv. Comm., 308 Mo. 328; State ex rel. v. Pub. Serv. Comm., 275 Mo. 201; State ex rel. v. Pub. Serv. Comm., 303 Mo. 212; State ex rel. v. Pub. Serv. Comm., 316 Mo. 233; State ex rel. v. Pub. Serv. Comm., 327 Mo. 93. (3) Under the facts as found by the referee, and by ......
  • State ex Inf. Attorney-General v. Curtis, No. 28264.
    • United States
    • United States State Supreme Court of Missouri
    • March 17, 1928
    ...provisions of the Constitution of Missouri for the distribution of powers. Art. 3, Mo. Constitution; State ex rel. v. Public Serv. Comm., 303 Mo. 212. Brackman, Hausner & Versen, amici curiae; Goodbar, Tittmann & Gilster, Thomas P. Moore and Montague Lyon of (1) The act is unconstit......
  • Waterman v. Bridge & Iron Works, No. 30682.
    • United States
    • United States State Supreme Court of Missouri
    • July 28, 1931
    ...and as such is purely a judicial question to be heard and determined by a constitutional court only. State ex rel. Railroad v. P.S.C., 303 Mo. 212, 259 S.W. 445. The Legislature is powerless to vest judicial powers in any other body or change the jurisdiction, authority or powers of a const......
  • Request a trial to view additional results

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