Hadley

This is an appeal by the people of the state of California from a judgment in favor of defendant on a demurrer to an information which charged defendant with the violation of an order of the Railroad Commission of this state.

An examination of the information herein discloses that the facts alleged, material to a decision of the questions which this court is called upon to decide, in substance, are: That prior to May 1, 1917, defendant was operating a certain automobile stage line in this state and within the county of Imperial; that thereafter and within the following year he ceased to operate said stage line, and that he did not again resume such operations until some time in the month of March, 1923; that on the ninth day of April, 1923, the Railroad Commission of the state of California instituted an investigation into the “methods, practices and operations” of defendant with reference to his conduct of said stage line and, after regular proceedings had thereon, made the finding that defendant had been operating his stage line “as a transportation company as defined in Chapter 213, Statutes of 1917, and amendments thereto, and for which no certificate of public convenience…