Clay County Cooperative Telephone Ass'n v. Southwestern Bell Telephone Co.

Citations

• 107 Kan. 169
• 11 A.L.R. 1193
• 190 P. 747
• 1920 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Court of Industrial Relations — Successor of Public Utilities Commission — Jurisdiction—Method of Review of Its Orders. Chapter 29 of the Laws of the Special Session of 1920, abolishing the public utilities commission, and creating the court of industrial relations, gives the court of industrial relations, authority over two classes of subjects — regulation of public utilities, and regulation of industrial relations. On its public utilities side, the court of industrial relations is simply the successor of the public utilities commission, and orders made in the field of public utilities regulation are to be reviewed, as before, according to the public utilities act.</p> <p>2. Same — Method of Review Provided by Statute. Section 12 of the act of 1920 provides a method for the review of orders made in the field of industrial relations only.</p> <p>3. Same — No Direct Appeal to Supreme Court. There is no appeal from an order of the court of industrial relations direct to this court by notice of appeal given under the civil code.</p> <p>4. Same — Mandamus—Adequate Remedy in Ordinary Course of Law. It is the public policy of this state, established by the legislature, that any controversy which falls within the scope of the jurisdiction of the court of industrial relations on its public utilities side, shall be adjusted there, subject to such review by the courts as the public utilities act prescribes; and the section of the civil code providing that the writ of mandamus may not be issued in any case where there is a plain and adequate remedy in the ordinary course of law, must be interpreted accordingly.</p> <p>5. Telephone Company- — Desiring Physical Connection with Another Company — Application to Court of Industrial Relations. A telephone company claiming the right to compel physical connection of its system of lines and exchanges with the switchboard of another telephone company, by virtue of provisions of the public utilities ac