Neil v. Public Utilities Commission
Idaho Supreme Court
Original proceeding to procure a writ of review directed to the public utilities commission. “Where the judicial power of courts, either original or appellate, is fixed by constitutional provisions, the legislature cannot either limit or extend that jurisdiction.”
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Original proceeding to procure a writ of review directed to the public utilities commission. “Where the judicial power of courts, either original or appellate, is fixed by constitutional provisions, the legislature cannot either limit or extend that jurisdiction.” (Chinn v. Superior Court, 156 Cal. 478, 105 Pac. 580; Marbury ,v. Madison, 1 Craneh (U. S.) 137, 2 L. ed. 60, see, also, Rose’s U. S. Notes.) The legislature cannot impair the jurisdiction Of a constitutional court either by preventing its exercise or creating a co-ordinate authority. (Flanigan v. Guggenheim Smelting Co., 63 N. J.…
1Opinion of the CourtMorgan, C. J.
On December 11, 1917, the attorney general filed with the public utilities commission a complaint against plaintiffs herein in which it was alleged that they were common carriers engaged in operating a ferry upon the waters of Snake River for the transportation of persons and property for compensation, and that they had failed and refused, and were failing and refusing, to furnish facilities and to serve the public in the use thereof.
The plaintiffs above named answered the complaint of the attorney general and denied that they were common carriers and admitted that they had failed and…
2Cases cited26 opinions
- Pacific Telephone Etc. Co. v. EshlemanCalifornia Supreme Court · 1913
- In re the Estate of JessupCalifornia Supreme Court · 1889
- Idaho Power & Light Co. v. BlomquistIdaho Supreme Court · 1914
- Stein v. MorrisonIdaho Supreme Court · 1904
- Chinn v. Superior Court of San Joaquin Cty.California Supreme Court · 1909
21 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Stuck v. Delta Land & Water Co.Utah Supreme Court · 1924
- North Bend Stage Line, Inc. v. Department of Public WorksWashington Supreme Court · 1932
- Hay v. HayIdaho Supreme Court · 1924
- Mundell v. SwedlundIdaho Supreme Court · 1937
- Electors of Big Butte Area v. State Board of EducationIdaho Supreme Court · 1957
19 more not listed; retrieve them via the Exa API.