Finn

This matter is before a three-judge court upon motions to dismiss the amended bill of complaint and to dissolve the temporary restraining order in behalf of the several defendants, upon an order to show cause why an interlocutory injunction should not be issued, and upon the merits, the defendants having answered without waiving their rights under the motion to dismiss. While we believe that there is merit in the motion to dismiss and that it should be granted, the matter is also before us upon the merits, and the time of this court and of the litigants will be saved by a final disposition of the ease at this time.

Disregarding the infirmities of the pleading in the amended bill, plaintiffs contend that their rights under the Constitution of the United States are violated by three orders of the California Railroad Commission acting, under section 2¼ of the Public Utilities Act as added by St. 1927, p. 72, § 1, and section 50% as added by St. 1927, p. 72, § 3 as amended by St. 1931, p. 2598, of the state of California, and under chapter 638 of the California Statutes of 1931, p. 1362. They seek to enjoin the enforcement of these orders by the several defendants named herein by the…