ADMINISTRATIVE TRIBUNALS--JUDICIAL NOTICE

The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff\u27s contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held, that such schedules were not in the record, hence the commission could not use. them unless they were put into evidence in the particular proceedings. Hence, the injunction was granted. West Ohio Gas Co. v. Public Utilities Commission (Ohio N. D. 1928) 42 F.(2d) 899