State v. Duncan

in this court for an alternative writ. Article VII, section 2, Constitution of Oregon, authorizes this court in its own discretion to take original jurisdiction in mandamus. The defendant is the Honorable George R. Duncan, one of the circuit court judges for Marion County. Judge Duncan, on February 19, 1951, in a proceeding entitled the Pacific Telephone & Telegraph Company, a corporation, plaintiff, v. George H. Flagg, as Commissioner of Public Utilities of Oregon, defendant, entered an order which read: It is hereby ordered that plaintiffs motion for a temporary restraining order, suspending the operation of defendants Order No. 26346, be and the same hereby is denied. That order is the sole object of attack in this proceeding.