*1 under rate “A2.” This is unreasonable lamp charge and results in a of the consumer’s violation his and where he purchase advantage desires. service combined lamp charge illegally the energy The amount such must charge. illegal charge be ascertained in order to determine what is due appellee appellant way reparation utilities. concerning act public ma, definitely should ascertained chap, par. and fixed in commission’s order rehearing of this cause.

The order the circuit court in aside the setting the Commerce Commission and the cause remanding to the commission for further is affirmed.

Order affirmed. (No. 21148. Seger et vs. al. H. G. Beardsworth

Frank

et al. Appellants. Opinion April 23, Rehearing denied June Ludens,

Wood & Warner, appellants. J. J. Craig Ramsey Craig, McCalmont, & Little, & for appellees. *2 this opinion: Commissioner Partlow who the are commissioners of the Whiteside

and Rock Island the Special District of counties Drainage of Whiteside in and Rock Island, their petition Whiteside of the county court of for an 42, act (Cahill’s 1931, p. 1135,) chap. Stat. to the additional assessment $164,544.50. were filed who are owners. by appellants, property defendants, The entered an order certain court defaulting from the recit- files, striking objections that and court introduced testimony thereupon found in certain favor the petitioners, findings specific assessment was directed additional fact an was ordered be as a jury impaneled to be made prayed, and the benefits and damages, determine this court. allowed in inter- insist that the order for an there is no statutory provision locutory order, this order, and that from an that the order is a insist dismissed. Appellants should be properly prosecuted. and districts, of drainage for the organization Proceedings their business conducting the manner in based thereon entered suits court orders from District v. ( Wetaug statute. entirely by governed Bissell v. Railroad Co. Ed Illinois Central Lease, id. v. 594; People wards River made act as originally passed The Drainage id. 187.) order organizing an appeal no provision from which an first district. the assessment roll. Barker, as amended Ill. 637.) Section

(Damon in 1129,) provides chap. the form of the order organized. that the order shall that an be final and provides be taken 1 may to this court to review the order. Section 7b of the same of dam for the assessment provides chapter ages jury, judgment thereon, a of a entry be allowed therefrom same as appeals may cases of courts in for the or sale of land for taxes assessments. special Section 37 same that additional assessments chapter provides from time be levied on the land within the may to time district for certain therein purposes specified; of a for an additional assessment the hearing cause a grant prayer jury make the like impaneled proceed ings notice, as as cases of nearly may be, *3 assessments of under damages the act, and such additional shall assessment, have the same force and be collected in the effect and same manner as original assessments. Anderson,

In Inlet District v. Ill. 257 district was under the act. A organized petition Levee filed under section for an assessment for additional work. filed to the they overruled. An order was entered the work to be done and authorizing an assessment to be made to for the same. pay Several had been for additional prior petitions assessments, been dismissed either which petitions court or As for reversal of ground petitioners. order it entered on the last was insisted that a prior order of November 1909, directing commissioners make an additional was a bar to the order from which the that the prosecuted, without at a jurisdiction, subsequent term, to set aside the order of This court November held that the 1909. order, of November 30, 1909, was an interlocutory

and that court thereafter had the to set aside power at time before the final firmation was made. This decision determines conclusively that the order entered in is the case at bar an interlocutory order.

there was an from an order of the court over objections of ruling legal for additional assessment under section

appellees act. that this was not a contended it order—that was an interlocutory order, held no from it. This court that this was an interlocutory order, appeals orders are not provisions permissible that the statute contains Drainage act; drainage only two one them in section 16 for provisions being appeals, that the for and the other section ijb; appeal provided declar in section 16 relates appeals that the from orders entered 37; in section relates to ijb judgments confirming it assessments; and additional is expressly in section section ijb provided un shall control the for an additional assessment procedure there der and that because section 37, specificprovision ex from orders on section 37, petitions the assessment roll is in section after 17&, cept provided would have to be dismissed. confirmed, entitled un- insist that they Appellants of 1909, the act of (Laws der section *4 statute, This to its according 1931, p. Cahill’s Stat. circuit courts give title, was passed court of Cook concurrent county and the superior State in the organization courts op- jurisdiction 1 and levee districts. of farm and Sections eration fer on the court of Cook such jurisdiction superior is as follows: and all circuit courts of State. Section 3 final orders, taken from the judgments “Appeals or circuit courts and decrees either of the county Court.” Supreme based was supra, right It there held this court by act of orders entered under for additional assessments section 37 lies and that no merely interlocutory relates from such amendment orders; district orders entered to orders entered ap- amendment pellants also and the have be dismissed. would would work no stated in that case that such a holding because complained hardship upon appellants error or writ of from the final be reviewed might by appeal assessment levied against appellants thereunder. from other defining

Cases are cited States bemay orders and determining prose- therefrom, directly cuted but as this court has passed upon at issue in this case to the contention contrary consider these cases. it will not be necessary without statutory authority, and it is dismissed.

Per : The foregoing opinion Curiam as the Partlow is hereby Commissioner adopted opinion in accordance therewith. is entered court, and dismissed. Appeal