In Re Bray

[364]

THE COURT.

This is a proceeding in

habeas corpus

to test the validity of an order of the Railroad Commission made February 23, 1932, adjudging petitioner guilty of contempt and committing him to the county jail of Fresno County. Said order grew out of proceedings before said commission in connection with the operation by petitioner of an automobile truck line as a common carrier of property, for compensation, over the public highways between Los Angeles and Fresno, without having received a certificate of public convenience and necessity therefor. After a hearing before said commission a “cease and desist” order, dated February 16, 1931, was made by the commission, whereby petitioner was ordered to discontinue the operation of said truck line. Said order did not direct that it be served upon petitioner herein. It was made effective by its own terms twenty days from the date thereof. The commission found that petitioner had personal knowledge of said order and its contents prior to April 7, 1931, and that he violated its provisions by the operation of said truck line on the sixth, fifteenth and seventeenth days of April, 1931. The commitment was issued pursuant to said findings. Application was made by petitioner to the Supreme Court for writ of

certiorari to

test the validity of said

order.

Said application was denied May 18, 1931.

(Bray

v.

Railroad Commission,

minutes of May 18, 1931, vol. 81 Cal. Dec., No. 4291.) Petitioner was served with a copy of said order on but not before September 15, 1931.

No question is raised as to the jurisdiction of the Railroad Commission to punish for contempt.

(Van Hoosear

v.

Railroad Commission,