The opinion
CATES, Presiding Judge
(dissenting).
I do not think that under our constitution the Legislature may pass, Pilate-like, its power to define a crime to an executive officer or body. 1 State v. Vaughan, 30 Ala.App. 201 , 4 So.2d 5 . The Public Service Commission is a legislative arm empowered to make only findings of fact within the scope of a formula laid down by the Legislature. Ala.Digest, Constitutional Law, Key No. 60.
This case does not show a minor rule or regulation to fill an interstitial gap in a statute. See Parke v. Bradley, 204 Ala. 455 , 86 So. 28 . Delegation of the power to define crime would be the beginning of despotism.
. Our current session is about to make legal a 55 mile per hour speed limit. See Brown, 32 Ala.App. 246 , 24 So.2d 450 . The need of such a statute is an implied admission of a lack of law beforehand.