Payne, President v. Buchanan

Dissenting Opinion

Arterburn, J.

I cannot concur in the reasoning or result of the majority opinion. Under the 1933 Act (Burns’ §54-719) the time within which an appeal may be taken in a “rate order” from the Public Service Commission is specifically limited to 30 days. This is a rate case.

The appellant in this case attempted to take an appeal on the 59th day under the Acts of 1929 which *249fixed a 60-day period for an appeal from any order of the commission. This 1929 Act is not applicable simply because the later Act of 1933 repealed “All acts and parts of acts conflicting with the provisions of…