(dissenting).
In my view the district judge properly sustained the exception of no cause or right of action, and I am in full accord with his opinion, which reads in part as follows:
“ * * * The authority of the Louisiana Public Service Commission to regulate common carriers is set forth in Louisiana Constitution, Article VI, Section 4.
“LSA R.S. 45:161 sets out the policy of the Commission and states in part that the business of operating (for hire)'motor- vehicles as common or contract carriers for compensation upon the public highways is a business affected with a public interest; that regulation of this business be employed to conserve the interest of the general'public; to safeguard the needs of the public for adequate motor transportation; that the public be given the benefit of the most economic and efficient means to transportation. (Emphasis added [by the trial judge].)
“It is a general rule that orders of the Public Service Commission, like those of other administrative bodies, shall be accordr ed great weight and will not be overturned by the Courts on appeal in absence of clear showing of abuse of power.
“With this in mind, this Court will first examine the exception of no cause or no right of action overruled by the Commission. The question presented therein was whether or not the Public Service Commission, on petition of a private carrier, not under the jurisdiction of the Commission, may increase the rates set forth by previous order. There is no evidence that this rate increase will benefit the general public in any manner. To the contrary, any increase *919in costs will be passed on to the ultimate consumer. This is, on its face, against the declaration of policy set forth in LSA R.S. 45:161, which states that ‘the public will be given the benefit of the most economic and efficient means of transportation’.
“If a private contract is to control the rates established by the Commission, it would follow that Shell Oil Company would have an equal right to come in by petition to protest any increase in rates.
“It is a certainty in economics that costs fluctuate. If the costs decrease, should not the general public benefit by a reduced rate ?
“Applicant states that the reduced rate adversely affects his business. If he finds that he cannot operate at a higher rate, will he be permitted to petition for another increase for common carriers?
“Will the Commission entertain a petition by a bus or taxi operator in Opelousas to reduce the rate again because of higher costs of gasoline which adversely affect their business?
“This Court is of the opinion that, should the reduced rate be detrimental to the public interest, the Commission may take notice of such fact and order a hearing. Applicant is asking for relief because applicant’s business interest, under a private contract, is being adversely affected. Business is competitive. There is no rule or law against competition.
“This Court is further of the opinion that the Commission was created to act primarily in the interest of the public, without discrimination, against the various legitimate forms of transportation, and foster sound economic conditions among all classes of carriers. ‘Carriers’, as mentioned in the statute, is defined in Section 162 as to not include private carriers. The rates of common carriers or contract carriers are not to be regulated with the view of permitting private carriers to compete favorably with them. What it costs a private carrier to transport his own commodity has nothing to do with the rates of common carriers. It is not in the public interest to permit a private carrier to petition and have the rates increased because he cannot compete with the reduced rate.
‘Therefore, it is the opinion of this Court that the exception of no right or cause of action should have been sustained and applicant’s claims dismissed. The ruling of the Louisiana Public Service Commission is, therefore, reversed.”