ARIZONA AT 100

Injunction granted vs. 3-cent fare in case affecting railroad's rates

2011-12-20T00:00:00Z Injunction granted vs. 3-cent fare in case affecting railroad's ratesArizona Daily Star Arizona Daily Star Arizona Daily Star
December 20, 2011 12:00 am  • 

In this year leading up to Arizona's centennial, Feb. 14, 2012, we'll reprint a story or excerpts each day from the Arizona Daily Star or Tucson Citizen archives.

Nov. 28, 1912

A temporary injunction against the three cent fare was granted the Arizona Eastern railroad yesterday in the superior court. Complaint was filed by the railroad and a petition asking that the defendants in the case, the several members of the corporation commission, the attorney general of the state, and the county attorneys, the defendants, be ordered to appear before the court and show cause why the injunction should not be granted. The time for the appearance of the defendants in the case was set as December 4, 1912.

In the complaint, Epes Randolph and H. C. Hallmark were the complainants, and E. S. Ives, attorney, who made the motion to the court. The order was signed by Judge Cooper, and the defendants will either appear or send a representative to appear for them on the date stated.

The law in the case is involved. It appears that the question to be solved is whether or not the legislature has the power to enact a law, regulating the rates. It is stated expressly in the constitution that the corporation commission shall have the power to make rates, and still the legislature passed the law in regard to the three cent fare, before there was a corporation commission of the state of Arizona in existence.

The law in the case

According to the law enacted in the extra session of the first state legislature, the corporation commission has the power to fix rates and then upon complaint from the corporation, that rate is prohibitive to the continuance of business in its lowness shall investigate the conditions, and adjust the rate so that justice shall be done to both sides. The law in regard to this matter is as follows: "No company or corporation, operating a railroad, other than a street or electric railroad, in whole or in part within this state, shall ask, demand, or receive for first class transportation for each passenger between points within this state, more than three cents per mile, until otherwise provided by law; Provided, however, that the Corporation Commission shall have the power to exempt any railroad from the operation of this section, upon satisfactory proof that such railroad cannot earn a just and reasonable compensation for the services rendered by it to the public, if not permitted to charge more than three cents per mile for the transportation of passengers within this state."

It is said that according to the articles of the constitution, the corporation commission has this power to "exempt any railroad from the operation of this section," etc., This is a point that will be fought over, in all probability. It is thought in legal circles that on December 4, some very interesting legal arguments will be heard.

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