
    Chicago, R. I. & P. Ry. Co. et al. v. State.
    No. 769.
    Opinion Filed October 20, 1909.
    (104 Pac. 1092.)
    RAILROAD RATES — Regulation by Corporation Commission. Syllabus same as in Midland Valley Railroad Co. et al. v. State, No. 736, decided at this term.ante, p. 817, 104 Pac. 1086.
    (Syllabus by the Court.)
    
      Appeal from Corporation Commission.
    
    Action by the State against the Chicago, Rock Island & Pacific Railway Company and- others. From an order fixing the freight rates, the- defendants appeal.
    -Remanded, with directions.
    
      On the 20th day of July, A. D. 1908, this proceeding was commenced by the Corporation Commission against the Chicago, Bock -Island & Pacific Railway Company, the St. Louis & San Francisco Railway Company, the St. Louis, Iron Mountain & Southern Railway Company, the Midland Yalley Railroad Company, the Missouri, Kansas & Texas Railway Company, the Atchison, Topeka & Santa Fe Railway Company, the Gulf, Colorado & Santa Fe Railway Company, the Kansas City Southern Railway Company, the Ft'. Smith & Western Railway Company, the Kansas City, Mexico & Orient Railway Company, the Oklahoma Central Railroad Company, and Asa E. Ramsey as receiver thereof, and the Missouri Oklahoma & Gulf Railway Companjq the herein appellants, by causing to be published in the Guthrie Leader, a daily paper published in Guthrie, Logan county, Oída., a certain order, referred to as proposed order No. 30, and thereafter, on, to wit the 21st day of August, A- D. 1908, pursuant to such notice, which was in due form, a hearing was had thereupon, and the consideration of said case was continued, and thereafter, on the 1st day óf October, A. D. 1908, final order No. 99, fixing intrastate rates on cotton, cotton seed, cotton seed meal, cotton seed hulls, and cotton seed ashes, and such products, was made and entered. Thereafter, on the loth day of March, A. D. 1909, the appellants presented their written request in due form to the chairman of said commission for the certification to this court of all the evidence heard by said commission, with a written statement of the reasons, together with the facts found, and the written statement of the reasons upon which said order was based, which was denied. And thereafter, ou the 16th day of March, A. D. 1909, application was made to this court for writ of mandamus requiring such certification, which was granted and complied with on the 7th day of April, A. D. 1909. Thereafter, on the 11th day of September, 1909, counsel for appellee moved this court to dismiss this appeal on the grounds: (1) That neither the appeal nor application for such certification was made in due time. (2) That the record does not contain a statement of the facts found, although the certificate recites that such statement of facts were not made of record by the commission, and for that reason cannot be transmitted. (3) That it was the duty of the appellants to preserve such record, if they desired to piosecute such appeal.
    
      S. T. Bledsoe, 0. 0. Blake, Clifford L. Jackson, and Edt/ar A. Be Meules, for appellants.. . '
    Geo. A. Tlenshaw, Asst. Atty. Gen., for the State.
   Williams, J.

(after stating tile facts as above). The case of Midland Valley Railroad Co. et al., Appellants, v. State, Appellee, No. 736, decided at this term, ante, p. 817, 104 Pac. 1086, concludes this case, both as -to law and fact.

The motion to dismiss appeal is accordingly overruled, and the case remanded té the commission, with like instructions.

All the Justices concur.  