Market Street Railway Co. v. Railroad Commission

The Railroad Commission on its own motion ordered" an investigation into the reasonableness of the rates and the sufficiency and adequacy of the service rendered by Market Street Railway Company in San Francisco. After hearings the commission filed its opinion and order reducing the rate of base cash fare for transportation of passengers in the city from seven to six centsl The company petitioned for a rehearing which was denied. The matter is here, on its petition for a review pursuant to section 67 of the Public Utilities Act [Stats. 1915, p. 115, as amended; Deering’s Gen. Laws, 1937, Act 6386].

The petitioner attacks the proceedings and order as a depri *381 vation. of orderly due process, and as a confiscation of its property.

I

On the first, the procedural question, the company claims that it was denied due process by a failure of notice that it was being charged with the maintenance of unreasonable rates; that the issue of unreasonableness of rates was not framed during the course of the hearing; that the commission introduced no evidence of unreasonableness of the prevailing rate, and that the company was not afforded an opportunity to present evidence on the…