143 Okla. 32

CITY OF WYNONA v. CORPORATION COMMISSION et al.

No. 21059.

Opinion Filed April 26, 1930.

Leander Hall, for plaintiff in error.

PER CURIAM.

The Oklahoma Power & Water Company was a holder of a franchise granting authority to operate a public utility business in the city of Wynona, Osage county, Okla., and furnish electricity to the citizens thereof for commercial and domestic use. It submitted its declaration and agreement to the Corporation Commission whereby it surrendered its said franchise in exchange for a revocable permit as provided in chapter 102, Session Laws 1925, known as House Bill No*. 4. Over the protest of the city of Wynona the Corporation Commission on July 22, 1929, granted the revocable permit under the provisions of the act of the Legislature above cited. From this action of the Corporation Commission, the city -of Wynona has appealed to this court.

The only question presented by this ap*33peal is the constitutionality oí said chapter 102, Session Laws 1925, and which question has heretofore been determined by this court in the case of City of Okmulgee v. Okmulgee Gas Co., 140 Okla. 88, 282 Pac. 640, wherein this court held said House Bill No. 4 repugnant to the Constitution of this state, and therefore void.

Under the authority of the case above cited, the order of the Corporation Commission granting to the Oklahoma Power & Water Company a revocable permit is reversed and remanded and the Corporation Commission ordered to cancel the revocable permit, and to then dismiss said proceedings for want of jurisdiction.

City of Wynona v. Corporation Commission
143 Okla. 32

Case Details

Name
City of Wynona v. Corporation Commission
Decision Date
Apr 26, 1930
Citations

143 Okla. 32

Jurisdiction
Oklahoma

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