State v. Portland Traction Co.

In Morgan v. Portland Traction Co., 222 Or 614, 331 P2d 344 (1958) we held that the commissioner’s *55order in question, even if confiscatory, was enforceable unless defendant stayed the enforcement of tbe order by tbe proceeding provided for in ORS 760.585.①

If tbis order was valid until properly challenged then tbe failure to comply witb tbe order would empower tbe commissioner to invoke tbe penalty for noncompliance provided for in ORS 756.170. To bold otherwise would render meaningless our bolding in tbe Morgan case. We would in effect be saying that tbe *56order was enforceable until challenged…