(Syllabus.)
1. STATUTES — Rule of construction under "ejusdem generis."
The rule of construction under the maxim "ejusdem generis" is but one phase of the application of the broader rule under the maxim "noscitur a sociis" which is defined "The meaning of a doubtful word may be ascertained by reference to the meaning of words associated with it" (Broom's Legal Maxims).
2. SAME — When rule of "ejusdem generis" applicable.
The rule of construction under "ejusdem generis", which is to the effect that general words do not explain or amplify particular terms preceding them but are themselves restricted and explained by the particular terms, is, under the rule of "noscitur a sociis", applicable where the general words precede the specific terms, when it is manifest that such particular terms have reference to subjects embraced within the meaning of the general words.
3. STATUTES — Classes within purview of term "transportation company" as used in Constitution.
The classes within the purview of the term "transportation company" as used in Sec. 18, Art. IX of the Constitution are limited to those expressly named in Sec. 34, Art. IX, immediately following the words "the term transportation company shall include".
4. SAME — Air transportation not included within meaning of words "transportation company", as used in Constitution.
The fact that the classes within the purview of the term "transportation company", as used in the Constitution, are expressly named in another provision thereof, excludes the implication that those engaged in air transportation, which is not expressly named, are included within the meaning of the words "transportation company".
5. PUBLIC SERVICE COMMISSIONS — Limited powers of Corporation Commission.
The Corporation Commission, as created by Article IX of the Constitution, is a body with, so far as the regulation of public service corporation is concerned, executive, judicial, and legislative powers, but those powers are limited, and it has such jurisdiction and authority only as is expressly or by necessary implication conferred upon it by the Constitution and statutes.
6. SAME — Corporation Commission held without authority or jurisdiction over air transportation.
Neither under the Constitution nor by statute is the Corporation Commission invested with jurisdiction or authority over air transportation or those engaged therein.
GIBSON, J.
The questions involved here are identical with those in cause No. 32387, In the Matter of the Application of Central Airlines, Inc., 199 Okla. 300, 185 P.2d 919, and our conclusions reached therein are decisive of this appeal. The syllabus in cause No. 32387, is made the syllabus herein.
The finding and order of the commission are reversed and the cause remanded, with instructions to dismiss the application of the Spartan Airlines, Inc.
HURST, C.J., DAVISON, V.C.J., and BAYLESS, WELCH, and LUTTRELL, JJ., concur. RILEY and CORN, JJ., dissent.