The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-06-29
RAILROADS DUCKING
PROPOSED ORDER
Commission Questions Authority
Of Supreme Court to Re.
view on Appeal

The corporation commiaslon 70.
day issued an drder sarusing 10 ap-
prove the appeal bond or to grant q
supereedeas writ Ia the agcoratiue
order recently issued by the commits.
sion, from which an appeal has bacu
liled Ia tho supreme court. holding
lhat under tho PROVISIONS of the con
Nltution the supreme court has no
jurisdiction TO review upon anpea
An order of this kind. The railroads
Nin file mandamus Gcilon. it rs
stated, tomorrow TO test the matter
before the supreme court. The com.
Missions order h as follows.
The defendants IN this case made
application for certified copy of tht
record fer The purpose OF filing IN
ne supreme ceaE This request was
granted b. ae commission. They
now AJAX the commlssion to approve
an appeal bond IN this ease as n
llher eases IN which the defendants
lre allowed on appeal g the su
nreme court. They also make ap
plicatlon for q writ Of auperaedeau,
Section 20, article TX, OF The con
stiiutlon Of the state Of Oklahoma
iraFisAae - HArtes alll0wst
From any action Of the c0mmla
ilnn prescribing rates. alafues. 0i
classification Of traffic. or affeeilnf
The train schedule OF any lransp0r
iaiion company or requiring addi
lonal facilities convenienees. OF
public service Of any transportation
3r transmission company, ng refua
INK 70 approve sugpcndlng bond
" requiring additional security
thereon, or an increase thereof. al
hereinafter provided an Appeal may
BE taken ii5 the corporation 2 p
o the supreme c0ufi"
The constitution does not e0nfe
ipon the supreme court The iurlsdlc
linn tu review. upon an appeal ai
rider Of this Kind, The commission
q 0i 0se opinion that ihe filne 81
be- transcript and record OF thiA ease
n the supreme court does nol con
'er jurisdiction upon that courl tc
1ear aud determine tho reasonable
ness az anreasonablenass Of lhia or
Ter IN this way Section rs. article
X, provides IN part;
"The commission shall also have
be rlaAS at All times 10 Inspect tho
looks end papers OF an translaria
Ion ana ifangmlsslOn eBmpanlaf
lolng business in thls state, end q
roQulre from such companies from
lme 10 time special reports and
statements under cath. eoneHfnlnf
heir business, etc.
Il is therefore IN tlie discretion Of
me commission what special report
II may require and II may require
ihesc reports by an order. after xiv
ng The defendant due notice uf lhe
lime and place OF learlng md II The
rder made IN pursuance of suet
rearing Il unreasonable. II cannot BE-
ippoaled t. the supreme court. and
+ h cau be heard by the eupfeme
,Ourt at all II must be- by different
proceedings.
In consequence Of this View taken
~ the commission, and for tile fol-
lowing reasons which the commission
ieels show and Illustrate Hhe lmper
alive necessity Of this order. bond
annot be approved or suparaedeas
issued.
First This order should not be
upeIeeded or suspended pending ap
lop. even though the defendants had
right 70 appeal the same. iHaHmnch
vs. the facts and circumstances
leariY indicate Naat the appeal 4
taken for delay The officials who
gave evidence IN behalf Of the rait
Dad eomnanlee practically Withdrew
heir objections ana the order waf
imended ii many Instances 10 meet
he objections Of Inconvenience m
furnishing The Information.
Second This order Is yGey com
olcte IN that Il Frqu,rec absolute ana
omplete information witch Is nee
Fsnry for 70 properly transact the
business Of the commission and
uiard The interests of the people OF
he state. Without this information
"a The office Of the commission
ihcaid any of ihe rates or rerula
ilDng be aslafked hy Che railroad
comnanies. iAe state IN OkIahama
would BE- a. the mcrcy 81 the rail
r0ads IN 4 hearing IN a Fedora
eonrl or otherwise hut, With The IN
formation askea FOR by the commits
ion, L would be IN a position 10 aci
mon the heat NJ information and
Hereby protect lhe Interests Of fhf
aeopln of re state or OkIafoma. and
Ot nniesf.Y ~ unfairly imnese m
'w'popable burdens lli0u The fall
ruhd cfWseny
Third TIE information feHnfef
rder f'fIz oFier IS very ufnaaaaf,
lnasmueA g 4 developed during IN