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Oklahoma Gas & Electric Co. v. State

OKLAHOMA GAS & ELECTRIC CO. v. STATE Et Al.

Okla. Gas & Elec. Co. v. State, 1924 OK 477, 225 P. 710

Court: Supreme Court of Oklahoma · State Highest Courts
Decided: April 22, 1924
Docket: No. 12918
Judges: Harir, Son, McNeill, Cochran, Brlnson, Warren
Citations: 225 P. 7101924 OK 477102 Okla. 31924 Okla. LEXIS 101
Disposition: Dismissed.

Cited by 5

Syllabus

(Syllabus.) 1. Corporation Commission — Defective Record — Dismissal of Appeal. In an appeal from an order of the Corporation Commission, where aii official order or certified copy thereof is not filed in this court, nor made a part of the record of this court, this court is unable to determine whether this order is valid or invalid on its face, and where no proper transcript of the testimony taken before the Corporation Commission is filed in this court, the court is unable to determine whether or not such order is reasonable, and the appeal may be dismissed. 2. Same — Appeal—Presumption of Order’s Reasonableness. Under section 22, art. 9, of the Constitution, all' orders made by the Corporation Commission are presumed to be reasonable until the contrary is made to appear; this presumption in favor of the reasonableness of orders made by the Corporation Commission was created by the Constitution of the state for a definite purpose and cannot be disregarded by this court, unless the contrary is made to appear.

Summary

Appeal from Corporation Commission. From order fixing gas rates, the Okla homa Gas & Electric Company brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Harir1son

HARIR1SON, J.

This cause No. 12918, Oklahoma Gas & Electric Company, a Corporation, Plaintiff in Error, v. State of Oklahoma and the Corporation Commission of Oklahoma, Defendants in Error, is a purported appeal from No. 4302 before the Corporation Commission of the state of Oklahoma, and the order of said Corporation Commission, made July 1, 1921, fixing certain gas rates to the consumer upon the valuation and testimony as to the valuation submitted to the Corporation Commission in said cause No. 4302.

The official order of said commission has not been filed and is not of record in this court, hence the court is tumble to determine whe.ther or not such order was erroneous on its face, nor can this court determine whether such order, if valid on its face, was reasonable, because there is no transcript of the evidence as to the valuation of property upon which the rate was fixed, filed in this court.

Therefore, the court, being unable from the record filed here to determine whether the order appealed from was valid on its face, or whether it was reasonable under the facts, because of the lack of testimony, has no other course to pursue than to dismiss the appeal and let the order stand until further modified by further testimony from the parties affected.

Under section 22, art. 9, of the Constitution, all orders made by the Corporation Commission are presumed to be reasonable until the contrary is made to appear; this presumption, in favor of the reasonableness of orders made by the Corporation Commission, was created by the Constitution of the state for a definite purpose, and cannot be disregarded by this court unless the contrary is made to appear. In the case at bar the contrary is not made to appear.

For the reasons assigned, the cause is dismissed.

McNEILL, Y. O. J., and COCHRAN, BRlNSON, and WARREN, JJ., concur.

How later courts describe this case

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Cited by 5 cases

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Relies on it most ⓘ

City of Tulsa v. State Corporation Commission1934 OK 623, 37 P.2d 619
Atchison, T. & S. F. Ry. Co. v. State1928 OK 284, 267 P. 253
Kansas, O. & G. Ry. Co. v. State1927 OK 377, 260 P. 468
Harris v. Smith1931 OK 341, 300 P. 392
Barnes v. McKinney589 P.2d 698 (Okla. Civ. App. 1979)

Most recent

Barnes v. McKinney589 P.2d 698 (Okla. Civ. App. 1979)
City of Tulsa v. State Corporation Commission1934 OK 623, 37 P.2d 619
Harris v. Smith1931 OK 341, 300 P. 392
Atchison, T. & S. F. Ry. Co. v. State1928 OK 284, 267 P. 253
Kansas, O. & G. Ry. Co. v. State1927 OK 377, 260 P. 468

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