Stevens v. State Corporation Commission ( 1959 )

Fatzer, J.,

concurring: I concur fully in the holding of the court that the orders of the State Corporation Commission here on appellate review are unlawful. However, I wish to state that in my opinion the legislature conferred no legislative or judicial power upon the commission when it enacted G. S. 1949, Ch. 55, Art. 7, relating to the production and conservation of natural gas. The statute confers upon the commission only administrative duties (The State v. Railway Co., 76 Kan. 467, 92 Pac. 606; affirmed, Mo. Pac. Ry. Co. v. Kansas, 216 U. S. 262, 54 L. Ed. 472, 30 S. Ct. 330).

I fully concur in the court’s opinion indicating that Art. 2, Sec. 17 of the Constitution of Kansas does not apply to orders of the commission relating to the production and conservation of natural gas, however, I wish to further state in my opinion that provision of the constitution has application only to laws enacted by the legislature. It has no application to rules, regulations, or orders promulgated by a board, commission, or agency exercising administrative duties only.