[1] Prohibition—Pleading—Sufficiency of Complaint.—The question of the sufficiency of a complaint to state a cause of action cannot be tested on an application for a writ of prohibition. Its sufficiency as a pleading is to be determined by the court in which it is filed.

[2] Injunction — Magnitude of Interests Involved — Effect on Powers of Trial Court.—While the amount of damages that would accrue should a preliminary injunction be issued in a given case is a proper matter for the consideration of the lower court in exercising its discretion in granting or refusing to grant the temporary injunction, the size of the interest involved is not a factor in determining the power of such court to hear and decide the matter.

[3] Id.—Existence of Good Defense—Jurisdiction.—The existence of facts constituting a good defense on t'he merits to an application for a writ of injunction does not oust the court in which such action is pending of the power to hear and decide the ease.

[4] Jurisdiction—Unauthorized Suit—Remedy of One Aggrieved.— If the district attorney, or anyone else, brings an action that the law does not permit him to bring, the court in which it is brought has jurisdiction still to dispose of it. The proper procedure of the one aggrieved is by motion to dismiss, and not by application for a writ' of prohibition.

[5] Id.—Jurisdiction op Superior Court—Power op Legislature to Take Away.—The jurisdiction of the superior court is conferred by the constitution and cannot be taken away by any act of the legislature. Jurisdiction is the power to hear and determine, and does not depend upon the regularity of its exercise, nor upon the rightfulness of the decision made by the court.

[6] Id.—Injunction Proceedings Against Public Utilities—Eppect op Constitutional Provisions.—The superior court has jurisdiction to hear and determine a suit brought in the name of the people against a public utility to enjoin it from, committing a public nuisance. The equity powers of that court, as conferred by section 5 of article VI of the constitution, are not limited by the provisions of section 23 of article XII of the constitution, which states what are public utilities and provides for their control and regulation by the Railroad Commission.

[7] lb.—Power op Railroad Commission to Avail Itselp op Court Processes — Not Inconsistent With Right in Others.—The powers conferred by the constitution upon the Railroad Commission to supervise and regulate públie utilities and to bring suits to enforce its orders and compel public utilities to obey the law is not inconsistent with the power conferred upon superior courts to entertain injunction suits instituted by others than the commission against the public utilities. This express power to avail itself of court processes and writs was conferred upon the commission so that its power in this regard might not be questioned in any litigation.