Atchison, T. & S. F. Ry. Co. v. Corporation Commission

118 P. 263, 29 Okla. 534

Opinion

DUNN, J.

This is an original proceeding in this court, in which its jurisdiction is invoked, under the provisions of section 20 of article 9 of the Constitution, to prohibit the enforcement of two order's of the Corporation Commission of the state against the plaintiff, the Atchison, Topeka & Santa Fe Railway Company. The same questions are raised and the same propositions and principles of law are presented in this case as in the case of St. Louis & San Francisco Ry. Co. v. Love et. al., ante, 118 Pac. 259, an opinion decided at this term of court. It therefore follows that the same judgment will be entered, and the writ of prohibition prayed for will be granted. Upon the promulgation of this opinion, notice thereof shall be given the Corporation Commission, and the writ itself shall not issue, except upon a further application and a showing of necessity therefor.

All the Justices concur.