(DOWNLOAD) "Public Service Commission Indiana V." by 295 Supreme Court of Indiana No. 29 " eBook PDF Kindle ePub Free
eBook details
- Title: Public Service Commission Indiana V.
- Author : 295 Supreme Court of Indiana No. 29
- Release Date : January 11, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
On Petition for Rehearing The appellee on petition for rehearing contends that this court should state in its opinion that
the Newton Circuit Court heard the case on its merits and that the Public Service Commission should set aside its prior order
and should make a new order directing the abandonment of the station in question; that in "so doing this court neither makes
an order for the Commission nor mandates the Commission to make any particular order, but only states the law for the guidance
of the Commission and gives meaning to the final language of this court, 'and for further proceedings consistent with the
law stated in this opinion." This seems to us to be the same point raised and discussed in the original opinion, namely, that neither this court nor the
trial court may make an affirmative order on the merits and substitute its opinion for that of the administrative body. We
see no difference in a direct affirmative order made to an administrative body to vacate and abandon the station, than an
opinion which states exactly what the Commission should do on the merits followed by a mandate to the Commission "for further
proceedings consistent with the law stated in the opinion."