State Ex Rel. City of Cincinnati v. Miller

The question here made is whether, under the facts alleged in the petition, there is a clear legal duty imposed upon the Public Utilities Commission to set aside and expunge from its files the emergency rate order fixing interim gas rates for the city of Cincinnati pending appeals by The Cincinnati Gas & Electric Company from ordinances fixing gas rates in that city.

It is clear that mandamus will not lie to set aside or expunge .an order of the commission unless the law specifically enjoins such action, cannot be invoked to control the discretion of the commission, and will not issue in. any…