City of Birmingham v. Southern Bell Telephone & Telegraph Co.
City of Birmingham v. Southern Bell Telephone & Telegraph Co.
Opinion of the Court
In the Code of 1907, §§ 5632 to 5725, will be found the general law relating to the powers, duties, etc., of the railroad commission, having reference chiefly to railroads and common carriers. Code, § 5683, makes rates fixed by the commission prima facie reasonable.
In Acts 1909, p. 35, will be found an amendment to certain provisions of the act of 1907 in Code provisions, and on pages 96 to 100 provision for appeals from any action or order of the railroad commission of Alabama reducing or increasing or refusing to increase any rates, fares, or charges by common carriers for the transportation of property, freight, or passengers specifically prescribed by statute, or made the maximum rates by statute, or established by the railroad commission. to the chnruwy ennrt and thence to the Supreme Court.
[3j “The supervisory power of a superior over an inferior legal tribunal by means of a common-law writ of certiorari extends only to questions touching the jurisdiction of the subordinate tribunal and the legality “of "its" proceedings. The appropriate office of the writ is to correcFejrovs 'of law annarent on tlia face of the record^ Conclusions of fact cannot be reviewed, unless specially authorized by statute. The trial is not. de novo but on the record; and -the only matter to be determined is the quashing or the affirmation of the prociledingsTbrought up for review.” The foregoing rule Has “also been adhered to by this court in dealing with petitions for certiorari to the Court of Appeals. Postal Telegraph Co. v. Minderhout, 195 Ala. 420, 71 South. 91, and cases there cited and collected. The petition in the present case does not present for review any ques-
tion touching the jurisdiction of the Public Service Commission or the legality of its proceedings as apparent upon the face of the record, but seeks to review or revise the conclusion.-reach£d. unon the facts, and which/ cannot be reviewed _ upon common-law cer-/ tiorarii Camden v. Bloch, 65 Ala. 239; Miller v. Jones, 80 Ala. 89; Independent Pub. Co. v. American Press, 102 Ala. 475, 15 South. 947; Ex parte Dickens, 162 Ala. 272, 50 South. 218, and cases there cited. The cases cited and. relied upon by counsel do ‘not authorize a trial de. .novo or a review of_ the facts by common-law certiorari, and iñ no wise conflict with the authorities cited-this opinion. The case of Ex parte Buckley, 53 Ala. 42, being the principal case lied upon by counsel, is not opposed to the-present holding, as that case was decided entirely upon a question ^of _law; that whether or not the act upon which the chancellor proceeded was constitutional, and whether or not it was applicable to officers who had been previously elected and had. made bond prior to the enactment thereof; court holding that it did, and that the chancellor had jurisdiction and authority to require additional bonds. It is true there is a statément in the opinion that—
“The adverse parties having appeared and the application being accompanied with full transcript of the proceedings before the chancellor, the argument was directed to the various matters which we suppose would be assigned as error if the writ Had been issued and due return 'made of it. On these matters an adjudication as final and conclusive may now he pronounced as if the parties had pursued a more formal course of practice.”
As we construe this opinion, the court, in effect, declined to issue the writ or rule nisi because the petition showed that' the chancellor Had jurisdiction and authority to do what he did, and that there was no error of law apparent upon the record; but merely intended, in addition thereto, to suggest that even upon the facts disclosed by the transcript it would do no good to issue the rule, as it could serve no useful purpose. We do not understand this case as holding that the proceedings of the inferior tribunal can or should be reviewed by the Supreme Court upon a question of fact, and if it does so hold it is out of line with scores of cases in this state to- the contrary, and has been in effect overruled.
The application for the writ is denied.
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