State ex rel. Public Service Commission v. Marion Circuit Court

DISSENTING OPINION

Emmert, J.

This is a case of great importance not only to the rate payers and the utility, but also in our field of public administrative law. Since the majority opinion departs from the many well considered, cases of this court, as well as the Supreme Court of the United States, involving constitutional provisions for the separation of judicial powers from legislative powers, and well recognized rules limiting jurisdiction of courts, the errors involved should not go unnoticed in the precedents of this court.

The temporary writ of prohibition should have been made permanent…