City of Tulsa v. Corporation Commission

Citations

• 221 P. 1000
• 96 Okla. 180
• 1922 OK 295
• 1922 Okla. LEXIS 6

Syllabus

<p>(Syllabus.)</p> <p>1. Corporation Commission — Scope of Jurisdiction,</p> <p>The Corporation Commission of this state lias such jurisdiction ancl authority only as is expressly or by necessary implication conferred upon it by the Constitution and. the statutes. Oklahoma City et al. v. Corporation Commission et al. 80 Okla. 194, 195 Pac. 498.</p> <p>2. Street Railroads — Right to Construct on Streets — Constitutional Provision.</p> <p>No law shall be passed by the Legislature granting the right to construct and operate a street railroad within any city, town, or village, or upon any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be occupied by such street railroad. Section 10 of article 9 of the Constitution of Oklahoma.</p> <p>3. Same — Jurisdiction of Corporation Commission as to Location of Tracks.</p> <p>The Corporation Commission is not granted any authority by the» Constitution of Oklahoma to order a street railroad to remove its line of railroad- from one istreet where it, has a franchise to another street in the sa'id city where it does not have a franchise, and any such order so made by the Corporation Commission exceeds its jurisdiction and is void.</p> <p>4. Corporation Commission — Powers—Subject to Writs of Mandamuá and Prohibition — Constitutional Provision.</p> <p>No court of this state (except (lie Supreme Court, by way of appeals as herein aphor-ized) shall have jurisdiction to review, reverse, correct, or annul any action of the commission in the performance of its official duties; Provided, however, that the writs of mandamus and prohibition shall lie from the Supreme Court to the commission in all t-ases where such writs, respectively, would lie to any inferior court or officer. (A part of section 20’ of article 9 of the Oon-sliution of Oklahoma.)</p> <p>5. Prohibition — Right to Writ.</p> <p>Prohibition is the proper remedy where an inferior tribunal assumes to e