Opinion
No. 642
Opinion Filed October 20, 1909.
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, 104 P. 1086.
(Syllabus by the Court.)
Appeal from Corporation Commission.
Action by the State against the Missouri, Kansas Texas Railway Company and others. From an order fixing the freight rates, the Missouri, Kansas Texas Railway Company and others appeal. Remanded, with directions.
This proceeding was begun against the Missouri, Kansas Texas Railway Company, the Atchison, Topeka Santa Fe Railway Company, the Gulf, Colorado Santa Fe Railway Company, the Chicago, Rock Island Pacific Railway Company, the St. Louis San Francisco Railroad Company, the St. Louis, Iron Mountain Southern Railway Company, the Kansas City Southern Railway Company, the Fort Smith Western Railroad Company, the St. Louis, El Reno Western Railway Company, the Midland Valley Railroad 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 the Corporation Commission, on the 18th day of December, 1907, by causing to be published in the Guthrie Leader, a daily paper published in Guthrie, Logan county, state of Oklahoma, a certain order, referred to as proposed order No. 4, and thereafter, on the 21st day of January, A.D. 1908, said cause was heard and final order No. 11, fixing intrastate rates on lumber, was made and entered, and on February 2, 1909, application in due form was made to the chairman of the commission for the certification of the evidence heard and considered by the commission in making said order, together with the facts found and the reasons upon which same was based, to this court, and, further, for a supersedeas as to the order. The request was granted by the commission as to certifying, but refused as to the supersedeas, and the record was certified by the acting chairman of the commission to this court on the 2d day of February, A.D. 1909. On the 11th day of September, A.D. 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 no statement of facts was found certified on the record, although the certificate states that such facts were not made of record by the commission. (3) That it was the duty of the appellants to take such steps to preserve such record, if they desired to 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.
The case of Midland Valley Railroad Co., et al. v. State, No. 736, heretofore decided at this term, ante, p. 817, 104 P. 1086, concludes this case, both as to law and fact.
The motion to dismiss the appeal is accordingly overruled, and the case remanded to the commission, with like instructions.
All the Justices concur.