(concurring in the result) .
I concur in the result reached by the majority opinion. I am constrained to comment on two aspects of the opinion: (1) the scope of review issue and (2) the findings of fact issue.
The scope of review propositions set forth in the opinion are entirely correct in the context of the instant appeal; but I would emphasize that this appeal does not involve the constitutional issue of confiscation. The rule governing the scope of review where constitutional issues o'f due process are properly raised and presented to the Court is set forth in Alabama Public Service Commission v. Southern Bell Telephone & Telegraph Co., 253. Ala. 1, 42 So.2d 655 (1949).
I agree that in a case such as this in which there are no constitutional issues raised, but merely a factual determination, the Court’s inquiry goes no further than to ascertain whether the Commission’s order is reasonable and supported by substantial evidence in the certified record.
I do not reach the issue of the legal duty, if any, on the Commission to make findings of fact since I do not agree that there were no findings of fact by the Commission. Excerpts from the memorandum prepared from the certified record under the Circuit Court’s direction and attached as the Appendix to the majority opinion, explaining how the Commission arrived at the rate base, the rate of return, and a detailed finding of the increase granted by the Commission could hardly be interpreted as anything other than findings of fact. I feel that the action of the Trial Court in directing the Commission to file with the Court such a memorandum was entirely proper, and I would shudder to imagine that the Commission in any such case would issue its opinion and order in the absence of detailed findings of fact upon which its opinion and order is based.
In concluding that this memorandum (Appendix) constitutes findings of fact by the Commission, I am aware that only, one member of the original two-member majority of the Commission physically filed the memorandum. But two members, comprising a majority of the Commission, had executed the order appealed from, and the filing of the memorandum pursuant to the Circuit Court’s direction nonetheless constituted the findings of fact on which the Commission’s order was based. The Circuit Court treated the memorandum as findings of fact, and I think properly so.