CHICAGO R.I. & P. RY. CO. v. STATE

CHICAGO R.I. & P. RY. CO. v. STATE
1909 OK 248
104 P. 1092
24 Okla. 835
Case Number: 769
Decided: 10/20/1909
Supreme Court of Oklahoma

CHICAGO, R.I. & P. RY. CO. et al.
v.
STATE.

Syllabus

¶0 RAILROAD RATES--Regulation by Corporation Commission. Syllabus same as in Midland Valley Railroad Co. et al. v. State, No. 736, decided at this term ante, p. 817,

September, 1909, Decided

Appeal from Corporation Commission.

Action by the State against the Chicago, Rock Island & Pacific Railway Company and others. From an order fixing the freight rates, the defendants appeal. Remanded, with directions.

On the 20th day of July, A. D. 1908, this proceeding was commenced by the Corporation Commission against the Chicago, Rock Island & Pacific Railway Company, the St. Louis & San Francisco Railway Company, the St. Louis, Iron Mountain & Southern Railway Company, the Midland Valley Railroad Company, the Missouri, Kansas & Texas Railway Company, the Atchison, Topeka & Santa Fe Railway Company, the Gulf, Colorado & Santa Fe Railway Company, the Kansas City Southern Railway Company, the Ft. Smith & Western Railway Company, the Kansas City, Mexico & Orient Railway Company, the Oklahoma Central Railroad Company, and Asa E. Ramsey as receiver thereof, and the Missouri Oklahoma & Gulf Railway Company, the herein appellants, by causing to be published in the Guthrie Leader, a daily paper published in Guthrie, Logan county, Okla., a certain order, referred to as proposed order No. 30, and thereafter, on, to wit the 21st day of August, A. D. 1908, pursuant to such notice, which was in due form, a hearing was had thereupon, and the consideration of said case was continued, and thereafter, on the 1st day of October, A. D. 1908, final order No. 99, fixing intrastate rates on cotton, cotton seed, cotton seed meal, cotton seed hulls, and cotton seed ashes, and such products, was made and entered. Thereafter, on the 15th day of March, A. D. 1909, the appellants presented their written request in due form to the chairman of said commission for the certification to this court of all the evidence heard by said commission, with a written statement of the reasons, together with the facts found, and the written statement of the reasons upon which said order was based, which was denied. And thereafter, on the 16th day of March, A. D. 1909, application was made to this court for writ of mandamus requiring such certification, which was granted and complied with on the 7th day of April, A. D. 1909. Thereafter, on the 11th day of September, 1909, counsel for appellee moved this court to dismiss this appeal on the grounds: (1) That neither the appeal nor application for such certification was made in due time. (2) That the record does not contain a statement of the facts found, although the certificate recites that such statement of facts were not made of record by the commission, and for that reason cannot be transmitted. (3) That it was the duty of the appellants to preserve such record, if they desired to prosecute such appeal.

S. T. Bledsoe, C. O. Blake, Clifford L. Jackson, and Edgar A. De Meules, for appellants.
Geo. A. Henshaw, Asst. Atty. Gen., for the State.

WILLIAMS, J.

The case of Midland Valley Railroad Co. et al., Appellants, v. State, Appellee, No. 736, decided at this term, ante, p. 817,

The motion to dismiss appeal is accordingly overruled, and the case remanded to the commission, with like instructions.

All the Justices concur.