The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-03-02

LEWIS T. NE, sole Of the Purcell and Lexington lce
phone Co. dPfeldH
T. .. B.cswADINcToN Er ALL Aftelecs
No. rI40.
SYLLABUS BY THE COURT
The Corporation Commission Of this state has the authority
to Supervise regulate and control telephone company owned solely
v individual amatters relating o the performance OF IFS
public duties and charges
Same IS paragraphs and Of the syllabus q Pioneer Tee
phone & Telegraph s Vesffahd'rf q a. % (ta FAC 1919
APPEAL FROM THE CORPORATION COMMISSION
w. Hooker, for Appellant
No counsel for Appelces
\ hfFIRNED IN PART AND REMAMDED In PAi Will
INSTRUCTIONS.
! Opinion Of the Court By
Williams "A On he rz day October A. D. 1908 on petitou
B. G. Wadqton aa order was by the Corporation Com
fixing establishing the Of charge for messages and
for phones per month in the city Of PARCEL Okla and on
appeal from such order this court the following Questions are
raised
The Purcell and Lexington Telephone GO being owned solely
by n individual had the Corporation Commission Of
The State Of Oklahoma jurisdiction
Does the evidence in connection with the fna fdcc pre-
sumption Ia lis favor iNAify thc order?
See is II teo5ft ta constitution 81 this State provides
"he Commission Shall have the power and authority and be
charged wthe duty of supervising regulating and conoH all
transportation and transmission companies dong business r
State all matters relating the performance Of their public duties
their charges therefor and Of correcting abuses and preventing
unjust discrimination and extortion by such companies;
aAs used II this article the term transmission com
pany shall any company other person. owning
leasing operating for hire any telegraph eepone line
the person used IN this article shall include individuals
partnerships and corporations in tie singular as well as plural; "
vda COMPANY Or corporation excluded from the jurisdiction Of
Corporation Commission that operated for hire No cSemp
ion IS claimed BY virtue Of any franchise
4 In this order the Corporation Commission has fixed
Be charged monthly BY the plaintiff II error for phones Tins
identical question raised the of Pioneer Telephone Ic
graph CO WcsteahaSr e al, oo (0ka) Pas 1910 IL that
this court said:
I'm order to pass upon questions presented this by
this appeal necessary to know the vac VI the property employed
BIZ appellant III til exchange Enid tho expense o operating said
exchange the amount Of expenditures required to keep IN repair
and the depreciation any n he property q e company ana inc
probable which the company will receive from the
e fixed by the Commission These facts may have been found by
the Commission before making the order appealed FROM but they
10 nc appear in the record necessary the consdea
ton BY this Of the questions involved in the appeal
See also Midland Pulley Co., q al u.s. State io4 Pac toka)
In te case o. SITE Joaruaf Printing Coutny Hadisoa
Gas mJ Electric compny decided by the Railroad Commission OF
Wisconsin March & 1910 CA W. r. c. r. soI, the petition
aeg in substance that the for and for electric current
excessive and discriminatory and that the services rendered by
the respone both by Tie and electric plants were inadequate
The Gonnisss sn held as follows
sirce public utilities are entitled earnings for h services
they render that will all reasonable operating expenses neud
g depreciation and far return on iaf valuation ot te property
and useful Id performing the public service the issues raised
public tic earnings under he present rates and what
constitutes reasonable amount for operating when aeprc
citation o the physical property and adequate returns On the invest
In that case the Railroad Commission heard evidence all
q said questions and made findings thereon We commence
the record of said proceeding model every fact necessary q
justify the granting Of relief conpnants seemingly being elected
also at e time the rules Of law laid down by te Supreme
cf the United and Of that being observed In the
case bar there neither any evidence nng Of fact III the
record to the value Of the property empoed BY complainant in
It's exchange Purcell the gross earnings under the pre- existing
and what constitutes reasonable amount for operating
expenses including the reasonable depreciation Of the physical prop
er and adequate the Investment This Is necessary Nor
has any brief been filed this either part of the
panant Of the State appevs II the complainant counsel
io the Safe have recognized they should at necessary
Tor evidence be heard upon all these issues and finding thereon
order suan the rates promulgated and for that
have filed brief ty odd have expedited Of this
court facilitated tic final determination o this proceeding hy
suggesting deficiency IF e record and lis being renaned for
The hearing additional evidence and additional findings
we carefully examined this record and reached the onc
sion that this should be rcanded the Commission with
strops proceed make such investigation o the evidence
The former hearing and all otsr evidence that may
hereafter be offered BY any party interest necessary make
finding Of facts and when this i done to make such finding
to certify the same together With The evidence this within
90 days. for its further consideration.