13 Cal. 2d 125 | Cal. | 1939
With the exception that with respect to one order that is involved herein, the subject of rates proposed to be charged for transportation of freight relates particularly to canned goods, and in a second order, that soap and other allied products represent the commodities that are affected by the several proposed rates,—no important factual differences are discernible when compared with the underlying facts that are narrated in the proceeding entitled Southern Pac. Co. v. Railroad Com., No. 15980 (ante, p. 89 [87 Pac. (2d) 1055]), wherein a decision by this court has this day been filed. In addition thereto, each of the several contentions of the respective parties that are therein decided by this court is likewise applicable in the instant matter. No useful purpose would be served herein by a repetition thereof. Suffice it to say that appositely each of the several rulings that was made in the proceeding to which reference just has been had is adopted as a ruling in the proceeding now under consideration.
Particularly with reference to the point, in substance, that not only was there no evidence to support the so-called “finding” to the effect “that the rates under suspension . . . have not been shown to be justified ... ”, the record herein
In that connection, in substance, the statutory requirements as to “findings” to be made by the Railroad Commission are practically identical with those that are contained in the provisions of the Workmen’s Compensation Act (sec. 67, Stats. 1917, p. 831) which relate to the Industrial Accident Commission, and which declare that “findings and conclusions of the [Industrial Accident] commission on questions of fact shall be conclusive and final and shall not be subject to review”; and that “such questions of fact shall include ultimate facts and the findings and conclusions of the commission”. With regard to such a situation, it is stated in 27 California Jurisprudence, page 575 (sec. 218), that “When the jurisdiction of the [Industrial Accident] commission to make any award depends upon the establishment of an ultimate fact, the reviewing court may examine the evidence upon
In the instant case there was no evidence to support the Railroad Commission’s finding that the proposed rate was not justified,—all the evidence being to the contrary,—and as hereinbefore stated, such finding was contrary to the evidence adduced.
In the case entitled Coombs v. Industrial Acc. Com., 81 Cal. App. 137 [252 Pac. 1069, 253 Pac. 976], it was held that the portion of section 67 of the Workmen’s Compensation Act to the effect that “the findings and conclusions of the commission on questions of fact shall be conclusive and final and not be subject to review”, means merely that the findings of the commission are conclusive where the commission has not exceeded its jurisdiction by making a finding without the support of testimony. (See, also, vol. 12, Cal. Jur. Ten-year Supp., pp. 120, 121, and notes.) Again, in the case entitled National Auto. Ins. Co. v. Industrial Acc. Com., 139 Cal. App. 414 [34 Pac. (2d) 163], with regard to findings of the Industrial Accident Commission, it was said that the only question of law involved was whether there was any evidence in support of the finding that an award should be made. And in the case entitled Thoreau v. Industrial Acc. Com., 120 Cal. App. 67 [7 Pac. (2d) 767], it was held that even in cases where evidence is said to be conflicting, the conflict must be substantial. Although it was held in the case entitled Hufstetler v. Department of Indus. Relations, 107 Cal. App. 741 [290 Pac. 922], that notwithstanding the fact that evidence was uncontradicted, an order of the (Industrial Accident) commission which denied compensation would not be set aside where there were circumstances in the case which justified the commission in disbelieving the uncontradicted evidence,—it has been repeatedly held by the appellate courts of this state that an award of the Industrial Accident Commission, based on findings not supported by the evidence, should not be allowed to stand. In Hubbert v. Industrial Acc. Com., 14 Cal. App. (2d) 171 [58 Pac. (2d) 171], in annulling an award of
In the case entitled American Toll Bridge Co. v. Railroad Com., 12 Cal. (2d) 184 [83 Pac. (2d) 1], in reviewing the action of the Railroad Commission with regard to its powers affecting rate-making, this court said that an examination of the inquiry as to whether the rates so fixed are confiscatory necessarily entails a judicial determination of the question of whether the finding of such body is supported by the evi
Although in the instant matter, in effect, the commission contends that regardless of the strength of evidence presented by the petitioner, and even in the absence of any evidence introduced to the contrary, the commission has the right to disregard the evidence and decide the issue according to its own concepts,—as a conclusion from the foregoing authorities it becomes apparent that the Railroad Commission has no greater authority than has the Industrial Accident Commission on questions of fact; and where, as here, all the evidence supports the petitioner’s contention, and none has been adduced in opposition thereto, the ruling of the commission amounts to the "making of an order by the commission without any evidence in support thereof.
For the reasons herein indicated, it is ordered that the order here in review be, and it is, annulled.
Rehearing denied.