Santa Monica v. Railroad Commission

California Supreme Court Dec 27, 1918 No. L. A. No. 5974. L. A. No. 5975.Published

Before: THE COURT.

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Holding. The court held that it lacks jurisdiction to review the Railroad Commission's rate orders because the petitions failed to allege facts demonstrating that the commission's decision resulted in the confiscation of property.

Issues

Whether the court has jurisdiction to review Railroad Commission rate orders under section 20 of article XII of the constitution.
Whether the petitions allege facts showing a confiscation of property.

Disposition. Applications denied.

Quotations verified verbatim against the opinion

“the decision of the said commission . . . shall not be subject to review by any court except upon the question whether such decision of the commission will result in confiscation of property.”

“the petitions filed herein do not allege facts showing any "confiscation of property" within the meaning of this constitutional provision.”

By these proceedings it is sought to review certain orders of the Railroad Commission raising certain rates or charges for the transportation of passengers by the Pacific Electric Railway Company. Section 20 of article XII of the constitution provides that in such matters "the decision of the said commission . . . shall not be subject to review by any court except upon the question whether such decision of the commission will result in confiscation of property."

We are satisfied that the petitions filed herein do not allege facts showing any "confiscation of property" within the meaning of this constitutional provision.

The applications are denied.

Santa Monica v. Railroad Commission

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