A decree of the district court of three judges enjoining a state
commission from enforcing an order fixing the rates of a public
utility, upon the ground that the commission's valuation of the
company's property was not supported by the evidence, without other
statements of facts or reasons, is set aside, and the cause
remanded with directions to state findings of fact and conclusions
of law and enter a decree thereon, the restraining order to be
continued pending further action by the court below.
PER CURIAM.
This is an appeal from the decree of the district court,
composed of three judges as required by the statute, enjoining the
appellants from enforcing an order of the Railroad Commission of
Wisconsin fixing rates to be charged by the receiver of the
Washburn Water Works Company for supplying water. The district
court gave no opinion and, aside from the general recital in the
decree that the court had considered the evidence submitted by the
parties and that it appeared therefrom that the
Page 281 U. S. 83
valuation fixed by the Railroad Commission of the property of
the company for ratemaking purposes was not supported, the record
contains no finding whatever by the district court.
This Court has repeatedly adverted to the importance in a suit
of this character of a statement by the district court of the
grounds of its decision.
Virginian Railway Co. v. United
States, 272 U. S. 658,
272 U. S.
674-675;
Lawrence et al. v. St. Louis-San Francisco
Railway Co., 274 U. S. 588,
274 U. S. 596;
Cleveland, etc., Ry. Co. v. United States, 275 U.
S. 404,
275 U. S. 414;
Baltimore & Ohio Railroad Co. v. United States,
279 U. S. 781,
279 U. S. 787.
In
Lawrence et al. v. St. Louis-San Francisco Railway Co.,
supra, the court said:
"The importance of an opinion to litigants and to this Court in
cases of this character was pointed out in
Virginian Ry. Co. v.
United States, 272 U. S. 658,
272 U. S.
675. The importance is even greater where the decree
enjoins the enforcement of a state law or the action of state
officials thereunder. For then, the respect due to the state
demands that the need for nullifying the action of its legislature
or of its executive officials be persuasively shown."
In the present instance, this Court should have the aid of
appropriate findings by the district court of the facts which
underlie its conclusions.
The decree is set aside, and the cause is remanded to the
district court, specially constituted as provided by the statute,
to state its findings of fact and conclusions of law and enter a
decree thereon, the restraining order entered in this suit to be
continued pending further action by the district court.
Decree set aside.