State ex rel. Boynton v. Public Service Commission

The opinion of the court was delivered by

Dawson, J.:

This is an original action in quo wiarranto in which the plaintiffs challenge the authority of the public service commission to exercise certain powers conferred upon it by chapter 223 of the Session Laws o.f 1929.

As first instituted the six major railway companies doing business in Kansas appeared as plaintiffs, but when their authority to maintain the action was informally questioned from the bench, the attorney-general on his oral application was given leave to enter the state ex relatione as party plaintiff so that legal questions…