ARIZONA AT 100

Official vowed to fight legal challenge to state's authority

2011-11-30T00:00:00Z Official vowed to fight legal challenge to state's authorityArizona Daily Star Arizona Daily Star Arizona Daily Star
November 30, 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. 16, 2012

PHOENIX - "The State of Arizona will fight the Santa Fe 3-cent fare suit to the limit." This was the declaration of Attorney General Bullard this morning when asked his opinion of the suit brought by the Atchison, Topeka and Santa Fe railroad company against the members of the corporation commission, the attorney general of the state, and several citizens, in an effort to defeat the 3-cent fare law.

The suit, according to Mr. Bullard, is brought by the company to test the constitutionality of the corporation commission, and to eliminate, as far as possible, its power in the state. The case itself is based on the celebrated Sanborn decision in the federal district of Minnesota. This decision was handed down a year ago by Judge Sanborn and declared that a state could not interfere with intrastate rates.

This suit at the time of its decision caused a storm of protest all over the country. Six governors of the United States leagued together and fought the decision and had it reversed. All of these men know that it struck at the power of the state in controlling corporations that did interstate business.

The Santa Fe suit is based on the alleged fact that the 3-cent-rate law is contrary to the Fourteenth Amendment of the Constitution of the United States. This suit alleges that the law is confiscatory in its effect and they bring the suit on that ground.

According to the attorney general the state's case will be fought to the last ditch and the right of the corporation commission and of the state legislature to make rates will be upheld. The case promises to be unique in the history of the country and one of the hardest fought legal battles of the west is promised when it comes to trial.

- Arizona Daily Star

The Sundt Cos., O'Rielly Chevrolet, Research Corp. for Science Advancement, the University of Arizona, Freeport McMoRan Copper & Gold Inc., Rosemont Copper, Tucson Realty & Trust. Co., Jack Furrier Tire & Auto Care, Walgreens and Carondelet Health Network are sponsors of the Star's Arizona Centennial project.

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