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Section IX-20: Appeals to Supreme Court - Other courts to have no jurisdiction -
Mandamus and prohibition.
From any action of the Corporation Commission prescribing rates,
charges, services, practices, rules or regulations of any public
utility or public service corporation, or any individual, person,
firm, corporation, receiver or trustee engaged in the public utility
business, an appeal may be taken by any party affected, or by any
person deeming himself aggrieved by any such action, or by the State,
directly to the Supreme Court of the State of Oklahoma, in the manner
and in the same time in which appeals may be taken to the Supreme
Court from the District Courts, except that such an appeal shall be
of right, and the Supreme Court may provide by rule for proceedings
in the matter of appeals in any particular in which the existing
rules of law are inapplicable. If such appeal be taken by the public
utility or public service corporation affected by any such action,
the State of Oklahoma shall be made the appellee, but in other
appeals hereunder, the public utility or public service corporation
affected shall be made the appellee.
An appeal from an order of the Corporation Commission affecting
the rates, charges, services, practices, rules or regulations of
public utilities, or public service corporations, shall be to the
Supreme Court only, and in all appeals to which the State is a party
it shall be represented by the Attorney for the Corporation
Commission, and the Attorney General, or his duly authorized
representative.
The Supreme Court's review of appealable orders of the
Corporation Commission shall be judicial only, and in all appeals
involving an asserted violation of any right of the parties under the
Constitution of the United States or the Constitution of the State of
Oklahoma, the Court shall exercise its own independent judgment as to
both the law and the facts. In all other appeals from orders of the
Corporation Commission the review by the Supreme Court shall not
extend further than to determine whether the Commission has regularly
pursued its authority, and whether the findings and conclusions of
the Commission are sustained by the law and substantial evidence.
Upon review, the Supreme Court shall enter judgment, either affirming
or reversing the order of the Commission appealed from.
No court of this State, except the Supreme Court, shall have
jurisdiction to review, affirm, reverse, or remand any action of the
Corporation Commission with respect to the rates, charges, services,
practices, rules or regulations of public utilities, or of public
service corporations, or to suspend or delay the execution or
operation thereof, or to enjoin, reverse, or interfere with the
Corporation Commission in the performance of its official duties;
provided, however, that writs of mandamus or prohibition shall lie
from the Supreme Court to the Corporation Commission in all cases
where such writs respectively would lie to any inferior court or
officer.
Laws 1941, p. 547, Section 7, reads: "The provisions of this Act
shall apply to all appeals from orders of the Corporation Commission
now pending in the Supreme Court, as well as to all appeals that may
be taken hereafter from such orders, and the Supreme Court is hereby
vested with such power as may be necessary to protect the substantial
rights of any party to appeals now pending."
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