Oklahoma Gin Co. v. Oklahoma

252 U.S. 339, 40 S. Ct. 341, 64 L. Ed. 600, 1920 U.S. LEXIS 1580
CourtSupreme Court of the United States
DecidedMarch 22, 1920
Docket32
StatusPublished
Cited by8 cases

This text of 252 U.S. 339 (Oklahoma Gin Co. v. Oklahoma) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oklahoma Gin Co. v. Oklahoma, 252 U.S. 339, 40 S. Ct. 341, 64 L. Ed. 600, 1920 U.S. LEXIS 1580 (1920).

Opinion

Mr. Justice Brandéis

delivered the opinion of the court.

The Corporation Commission of Oklahoma having found under § 8235 of the Revised Laws of 1910 that the Oklahoma Gin Company and four other concerns in the town of Chandler had combined and raised the charges for ginning cotton, on October 17,' 1913. fixed a schedule of rates lower than those then in force. The company thereafter charged rates in excess of those so fixed; and three separate complaints against it alleging violation of the order were filed with the Commission. Being summoned *340 to show cause why it should not be punished for contempt the company admitted violation of the order, but alleged that it was void, among other reasons, because § 8235 was in conflict with the Fourteenth Amendment. After a full hearing at which new evidence was introduced, the Commission affirmed, on October 10, 1914, the rates fixed; made a finding that the violation of the order was wilful; imposed on the company a fine of $500 and costs under each of the three separate complaints; directed refund of all amounts collected in excess of prescribed rates; and declared also: “A fine will be imposed for each day the order has been violated, and the matter as to the number of days and the amounts of fines to be imposed upon the defendant, other than those mentioned in the information, will be left open for adjustment upon taking of, evidence as to the number of dayte violated.” An appeal was taken by the company to the Supreme Court of the State, which affirmed the order and, thereafter, denied two petitions for rehearing. The case comes here on writ of error under § 237 of the Judicial Code as amended.

This case was argued and submitted with Oklahoma Operating Co. v. Love, decided this day, ante, 331. For the reasons set forth in the opinion in that case the provision concerning penalties for disobedience to an order of the Commission was void because it deprived the company of the opportunity of a judicial review. The judgment must, therefore, be reversed. It is unnecessary to consider other contentions of plaintiff in error.

Reversed.

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Related

In Re Traders Compress Company
381 F. Supp. 789 (W.D. Oklahoma, 1973)
Miami Laundry Co. v. Florida Dry Cleaning & Laundry Board
183 So. 759 (Supreme Court of Florida, 1938)
Oklahoma Cotton Ginners' Ass'n v. State
1935 OK 1004 (Supreme Court of Oklahoma, 1935)
Thompson v. Standard Oil Co. of New Jersey
67 F.2d 644 (Fourth Circuit, 1933)
Russell v. Walker
1932 OK 676 (Supreme Court of Oklahoma, 1932)
Frost v. Corporation Commission of Oklahoma
26 F.2d 508 (W.D. Oklahoma, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
252 U.S. 339, 40 S. Ct. 341, 64 L. Ed. 600, 1920 U.S. LEXIS 1580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-gin-co-v-oklahoma-scotus-1920.