Postal Telegraph-Cable Co. v. Railroad Commission

The petitioner, Postal Telegraph-Cable Company, constructed a line from Niland, through Brawley, Imperial, and El Centro, to Calexico, known as its Imperial Valley extension, and opened offices in the places mentioned for the transaction of a general telegraph business. The respondent Railroad Commission, of its own motion, and assuming to act under the provisions of section 50, subdivisions (a) and (b), of the Public Utilities Act (Stats. 1915, p. 115; amended Stats. 1917, p. 168), instituted an investigation into the construction of the line and the business being carried on over it. After due hearing, it made an order that the Telegraph Company cease and desist from the operation of the line for intrastate business unless and until it shall have secured a certificate that the present and future public convenience and necessity require, or will require, such operation. This proceeding is brought to determine the validity of that order.

The Postal Telegraph-Cable Company, at times hereinafter referred to as the Telegraph Company, a California corporation, is one of several telegraph and. telephone companies doing a competitive business in this state. It is part of the “Mackay…