the grade crossing at Fifth street was made on July 13, 1927, being order No. 3963, and that thereafter, on March 1, 1928, that order was modified to provide that the Fifth street crossing should remain closed one year, and that thereafter, upon application of the city, the matter could be reconsidered by the Commission. There has been no appeal from order No. 3963 nor from the order of March 1, 1928, modifying said order. If by any line of reasoning we could reach the conclusion that order No. 3963 and the modification thereof, dated March 1, 1928, could be subject to review by this court in this proceeding, we would be confronted by the fact that the record furnished us contains no copy of the original order No. 3963 nor the modification thereof, and there is no transcript of the testimony taken before the Corporation Commission on which the said order No. 3963 and the modification thereof is based, and we are therefore unable to determine whether or not such orders are reasonable. Oklahoma Gas Electric Co. v. State et al., 102 Okla. 3, 225 P. 710. The only question before us for review is whether or not order No. 5655, above quoted, in which the Commission refused to order the Fifth street crossing reopened, is shown by the record before us to be unreasonable, reasonable, unjust, and incorrect. Under the provisions of section 22, article 9, of the Constitution of Oklahoma, the presumption obtains that the order appealed from is just, reasonable, and correct.

Corporation Commission — Dismissal of Appeal for Defective Record. The syllabus in this case is the same as that in No. 12918, Oklahoma Gas Electric Company v. State of Oklahoma and the Corporation Commission of Oklahoma. (this day decided), 102 Okla. 3 225 P. 710. Appeal from Corporation Commission.

9, of the Constitution, the action of the Commission appealed from shall be regarded prima facie just, reasonable, and correct. A., T. S. F. Ry. Co. v. State, 23 Okla. 510, 101 P. 262; A., T. S. F. Ry. Co. v. Miller, 28 Okla. 109, 114 P. 1104; K. C., M. O. Ry. Co. v. State, 25 Okla. 715, 107 P. 912; Ft. Smith W. Ry. Co. v. State, 25 Okla. 866, 108 P. 407; O. G. E. Co. v. State, 102 Okla. 3, 225 P. 710; Musk. G. E. Co. v. State, 81 Okla. 176, 186 P. 730; W. O. G. Fuel Co. v. State, 113 Okla. 126, 239 P. 588. We find in the record evidence upon which the order could reasonably be based, and giving to the action and order from which the appeal comes the weight to which they are entitled, regarding them as just, reasonable, and correct, considering the order analogous and kindred to the cause on appeal as reported in 85 Okla. 223, 206 P. 235, and the similarity of issue in the case of K., O. G. Ry. Co. v. State, No. 16775, supra, involving the entire schedule of coal rates in this state, we find the order of the Corporation Commission must be, and the same is, affirmed.

A., T. S. F. Ry. Co. v. State, 23 Okla. 240, 100 P. 11, 21 L. R. A. (N. S.) 908; A., T. S. F. Ry. Co. v. State, 23 Okla. 510, 101 P. 262; Chicago, R.I. P. Ry. Co. v. State, 24 Okla. 370, 103 P. 617, 24 L. R. A. (N. S.) 393; Ft. S. W. Ry. Co. v. State, 25 Okla. 866, 108 P. 407; M., K. T. Ry. Co. v. Witcher, 25 Okla. 586, 106 P. 852; A., T. S. F. Ry. Co. v. State, 28 Okla. 276, 144 P. 721; St. L., I. M. S. Ry. Co. v. State, 28 Okla. 372, 111 P. 396, 114 P. 1096; U.S. Express Co. v. State, 47 Okla. 656, 150 P. 179; St. L. S. F. Ry. Co. v. Travelers' Corporation, 47 Okla. 374, 148 P. 166. * * *" Following the rule enunciated in the authorities cited in the opinion from which the above quotation is taken, in Oklahoma Gas Electric Co. v. State, 102 Okla. 3, 225 P. 710, in the second paragraph of the syllabus, this court said: "Under section 22, art. 9, of the Constitution, all orders made by the Corporation Commission are presumed to be reasonable until the contrary is made to appear.