Cary v. Corporation Commission

McDERMOTT, Circuit Judge.

Defendants move to dismiss this bill to set aside a rate order and enjoin its enforcement, on two principal grounds. To understand the motion, the peculiar situation in Oklahoma must be stated.

The Constitution of Oklahoma provides for an appeal from the Corporation Commission to the Supreme Court of Oklahoma, which hears the case on the record before the Commission; the court then approves the order or enters such other order as it finds proper in the premises. Article 9, §§ 20, 22, 23, Oklahoma Constitution. From the beginning down until about a year ago, the Supreme…