Vincent v. Umatilla County

Lord, C. J.,

dissenting.—The facts stated in the application, and which are undisputed, must be taken as admitted and true. These facts show that the company was organized when the application was made, and how long prior thereto, and which entitled it to the benefit of the provisions of Sec. 19. (Misc. Laws, 668.) There is no pretense that any of the charges are exorbitant or unnecessary. The court simply makes an order of disallowance, upon the assumption that the whole matter lies within its absolute discretion. Upon the admitted facts, as disclosed by the record, it is difficult to…