Oilwell Express Corp. v. Railroad Commission

This is a suit in equity to restrain the Railroad Commission of the state of California from enforcing a certain order of said commission, made under date of November 5, 1934, directing the complainant and several others to cease and desist from operating as a transportation company, unless and until a certificate of public con *666 verbenee and necessity authorizing the same shall have been secured. Plaintiff alone seeks to prevent the enforcement of this order.

Complainant’s motion for an injunction pendente lite and likewise the cause upon the merits have been submitted upon the pleadings, the affidavits filed on behalf of the respective parties, and the record of the proceedings which were had before said commission.

Complainant contends that the commission, disregarding the evidence showing plaintiff to be a private carrier, arbitrarily found that it was operating as a transportation company with common carrier status, as defined in subdivision (c) of section 1 of the Auto Truck Transportation Act (chapter 213, St. 1917, p. 330, as amended by St. 1929, p. 1895).

Neither the constitutionality of the act mentioned, nor the power of the commission to issue an order of the…