In re Coal Rates

Citations

• 23 N.M. 704
• 171 P. 506

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The burden of producing evidence, to warrant a proposed order by the state corporation commission, rests upon the commission, where it initiates the proceeding, and the Supreme Court can determine the reasonableness or the lawfulness of an order made by it only upon the evidence adduced before the commission and presented to the court t»y the record. P.706.</p> <p>2. Neither by the Constitution nor by statute is the commission given the power to suspend a proposed tariff, and the law does not cast upon a railway company the burden of justifying a rate or proposed tariff. P.70S.</p> <p>3. The state corporation commission cannot cast the burden of justifying a rate upon the carrier, by serving it with an order to show cause why a given rate should not be established. ' P.707.</p>