City of Kansas City v. Sessions

Citations

• 103 Kan. 473
• 176 P. 324
• 1918 Kan. LEXIS 299

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — ■Action against Utilities Commissioners — County in Which Action May be Brought. Under the statute requiring ah action against a public officer for an act done by him in virtue of his office to be brought in the county in which the cause or some part of it arose, the county in which the public utilities commission is about to hear an application for a rate increase is a proper one in which to bring an action to enjoin such hearing on the ground of a want of jurisdiction.</p> <p>2. Street Railway — Application for Leave to Increase Charges — Jurisdiction of. Utilities Commission. Where a street railway company applies to the public utilities commission for leave to increase its charges, an action will not lie to enjoin the commission from acting therepn on the grounds that the company is a “one-city” utility, that the existing rate has been fixed by an unexpired contract, and that the business is not subject to local control because of its interstate character. Inasmuch as the commission’s power to allow such application depends upon the particular circumstances of the case, it has jurisdiction to inquire and determine for itself in the first instance the facts in that regard, the remedy of any one aggreived by its decision lying in a subsequent action in the courts.</p>