# Agricultural Prorate Commission v. Superior Court

> California Supreme Court · February 29, 1936 · 5 Cal. 2d 550

URL: https://www.frixlaw.com/law-library/cases/9545499

## Case

- **Full name:** AGRICULTURAL PRORATE COMMISSION OF THE STATE OF CALIFORNIA Et Al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** February 29, 1936
- **Citations:** 5 Cal. 2d 550; 55 P.2d 495; 1936 Cal. LEXIS 430
- **Precedential status:** Published
- **Opinion:** Concurrence by Thompson
- **Judges:** Curtis, Thompson
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9545499

## Opinion text

THOMPSON, J., Concurring.
I concur in the conclusion reached herein that the peremptory writ of prohibition should not issue, but I think it inappropriate in this proceeding to discuss the constitutionality of the act under which the petitioners are proceeding to act or whether the packed box of lemons constitutes a producing factor within the meaning of the act. A writ of prohibition will not lie where the court is exercising, but not exceeding nor threatening to exceed its jurisdiction. The respondent court has jurisdiction in the present case not only for the reason pointed out in the majority opinion but also by reason of section 17 of the act, which, section, while relied upon by the respondents, has not heretofore been discussed. It reads as follows: “Any order of the commission instituting a proration program and any order of the commission substantially affecting the rights of any interested party may be reviewed by any court of competent jurisdiction. Any such action must be commenced within thirty days after the effective date of the order complained of or within thirty days after the injurious effect complained of.” Making the meaning of the legislature in this regard more patent is the provision in section 9 for keeping all the evidence, exhibits, data and transcript at a central point available to all interested parties. The complaint of the respondents, after alleging that the commission exceeded its jurisdiction, not only because of the unconstitutionality of the act but also because the requisite facts were not proven and because petitioner adopted as a producing factor a unit which was a measure of the production rather than one which the producer “may be expected to utilize for production pur *588 poses in the ensuing season”, asks not only for injunctive relief but also that the “court issue such other or different writs herein as to the court shall seem fit and proper and necessary for the protection of the plaintiffs”. It is thus made obvious that plaintiffs brought themselves within the spirit and letter of section 17, quoted above. When we bear in mind that the act in question seeks to make provision for the institution of a proration program for any agricultural commodity, it becomes of extreme importance that the trial court be, unhampered in its duty of determining when a commodity is “affected with a public interest” so as to justify the compulsory regulation of nonconsenting producers. Aside, therefore, from the usual rules of procedure which dictate that in a proceeding of this character we should only inquire into the jurisdiction of the respondent court, there is the additional reason in this case that the trial court is clothed with the direct authority to make the inquiry and adjudge the cause. We should not attempt to prejudge or dictate how it shall exercise its jurisdiction. The petitioners may well appeal if the court erroneously decides the case against them, and we shall be better able to discharge our function when the case is fully developed.
Rehearing denied. Shenk, J., and Thompson, J., voted for a rehearing. Conrey, J., being disqualified, did not participate herein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9545499. Public record. Not legal advice.