HOMINY ELEC. LIGHT & POWER CO. v. STATE

HOMINY ELEC. LIGHT & POWER CO. v. STATE
1930 OK 76
284 P. 873
141 Okla. 206
Case Number: 17429
Decided: 02/11/1930
Supreme Court of Oklahoma

HOMINY ELECTRIC LIGHT & POWER CO.
v.
STATE ex rel. CORPORATION COM. et. al.

Syllabus

¶0 Franchises--Unconstitutionality of Statute Authorizing Utilities to Exchange Municipal Franchise for Revocable Permit.
It appearing that the opinion in the case of City of Okmulgee v. Okmulgee Gas Co., 140 Okla. 88, 282 P. 640, is decisive of the issues involved in this appeal and the parties hereto having so stipulated, it is held, by virtue of the decision in such case and the stipulation of the parties filed herein, that this cause should be, and is, reversed and remanded, with directions to the Corporation Commission to vacate the order appealed from, and the supersedeas bond filed herein is discharged.

Commissioners' Opinion, Division No. 1.

Appeal by the Hominy Electric & Power Company from order of Corporation Commission in favor of the Sand Springs Power, Light & Water Company. Reversed and remanded.

N.E. McNeill, Wood & Jones, and John E. Tracy, for plaintiff in error.
Stuart, Sharp & Cruce, for defendants in error Sand Springs Power, Light & Water Company.
E. S. Ratliff, for defendant in error Corporation Commission.

LEACH, C.

¶1 This is an appeal by the Hominy Electric Light & Power Company from an order of the Corporation Commission awarding the Sand Springs Power, Light & Water Company a certificate of public convenience and necessity. The parties to the action have filed herein their stipulation wherein it is conceded that the decision in the case of City of Okmulgee v. Okmulgee Gas Co., 140 Okla. 88, 282 P. 640, is controlling and decisive of this action, and request that this cause be reversed and that the supersedeas bond filed herein be discharged.

¶2 Upon the authority and holding in the case of City of Okmulgee v. Okmulgee Gas Co., supra, and the stipulation of the parties above referred to, this cause is reversed with directions to the Corporation Commission to vacate the order appealed from, and permit withdrawal of the application of the Sand Springs Power, Light & Water Company for certificate of convenience and necessity. The supersedeas bond filed herein by plaintiff in error, Hominy Electric Light & Power Company, is hereby discharged, and the principal and sureties thereon released.