Live Oak Water Users’ Assn. v. Railroad Comm’n, 269 U.S. 354 (1926)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 269 U.S. 341, click here.

Live Oak Water Users’ Association v.

Railroad Commission of California
No. 73

Argued October 22, 1925
Decided January 4, 1926
269 U.S. 354

ERROR TO THE SUPREME COURT

OF THE STATE OF CALIFORNIA

Syllabus

1. A rate-fixing order made by a commission acting under a state statute is, for jurisdictional purposes in applying Jud.Code § 237, as amended Sept. 6, 1916, an act of the legislature. P. 356.

2. A judgment of a state supreme court sustaining such an order held not reviewable here by writ of error under Jud.Code § 237, as amended Sept. 6, 1916, where the constitutionality of the order itself was not definitely drawn in question before the state court prior to a petition for rehearing which was denied without more. P. 357.

3. In a case where the state court has decided a local question adequate to support its judgment without regard to federal questions, the better practice in this Court (generally, at least) is to dismiss the writ rather than affirm the judgment. P. 359.

Writ of error to 192 Cal.192 dismissed.

Error to a Judgment of the Supreme Court of California sustaining upon review an order of the state Railroad Commission which increased the rates demandable by a public service corporation for supplying water for irrigation purposes. Plaintiffs in error were consumers of the water, and claimed that the order conflicted with their rights under standing contracts with the company.