197 Wis. 442 | Wis. | 1928
The jurisdiction of this court to issue the writ is objected to on the ground that the subject matter is not publici juris, and that the petition does not state facts of such state-wide, public concern that would warrant the exercise of the original jurisdiction of this court.
The railroad commission is a public agency, created by the legislature to effectuate the public policy of the state. Within its jurisdiction it has power to issue orders which have the effect of public law. To challenge an order of the railroad commission, lawfully made, is to challenge the authority of the state itself, and it therefore becomes a matter of statewide concern and publici juris. The circuit court undoubtedly has power to issue a writ of mandamus in such a case, but the remedy would be inadequate as applied to the orders of the railroad commission owing to the necessary delay occasioned thereby. We think there should be no doubt that the alternative writ of mandamus was properly issued.
The orders of the railroad commission of April 5, 1926, and December 3, 1927, were duly entered pursuant to sec. 195.19 of the Statutes, and it does not appear from the returns to the writ that there is any contest as to their validity, when issued. The statutes, sec. 195.32, provide for a review of such orders of the commission by an action in the circuit court begun within ninety days of the date of the order. The defendants here did hot seek any review, and the ninety .days have long since gone by; hence the orders stand as conclusive upon the defendants, and the writ prayed for might properly issue without further consideration.
However, when the orders were entered the Wisconsin-Michigan Power Company was a party to the proceedings, it having an interurban railroad crossing Wisconsin avenue parallel with the Chicago & Northwestern Railway Com
By the. Court. — Let the writ issue accordingly.