Arizona republican., 1912-06-24
NOT WITHOUT
 OPPOSITION
It Is Said Railroad Com panies Will Test Some of the Laws Recently En- acted for Their Regula- tion

It is said on what is regarded as good authority. that some of the acts passed by the legislature both at it's regular and special sessions, whose design is the regulation of the rail- roads of Arizona, are not to be ac- cepted by the transportation com panies without serious objection-an objection that may eventually get into the courts.
 The principal regulative acts now on the statute books, or which will be on the books at the expiration of the constitutional time of ninety days following their enactment, are the laws fOrbidding the use of steam binding locomotives. the law limiting the number of cars to be used in freight and passenger trains. the anti pass law, and the three cents fare law There are some others of the same character but these are the most important.
 Of this number two are said to be especially objectionable to the rail- road managers. These are the anti pass law and the three cent fare law.
 As to the first it is regarded by the transportation companies as especial ly stringent. It will be recalled that before it was passed by the lower house it was submitted to the attor- ney- general to ascertain his opinion as to its validity; and MT. Bullard at the time said there was doubt as to whether one of it's provisions would stand. This is the provision which seems to forbid transportation com panies to allow even their employees to travel on passes when not actually engaged in work for their employers Under this provision it is said rail- road man who, through any exigency, makes a run one way while engaged in his regular work cannot ride on the return trip free if it happens he is not engaged in actual work on that run. This is the provision, it is said, to which the transportation com panies most seriously object and whose constitutionaHty may be tested in the courts.
 The law relating to this matter was passed as it appeared originally in the bill. Despite the opinion of the attorney general the legislators de- cided to take chance on their own judgment and they did If, as report cd. this act will be tested in the courts by the railroad companies, it will then be determined whether the judgment of the attorney general or the judgment of the lawmakers was the better
 When a conference was held in this city a few days ago between the corporation commission and several representatives of the Arizona rail- road interests it was supposed the ob- Ject was to adjust matters relative to the adoption by the transportation companies of the new order as con- templated by the recent legislative acts. But, as already indicated if the railroads decide to contest the validity of these acts it would seem that this conference will go for naught
 In addition to the matters already mentioned it is said the three-cent fare proposition is not at all satis- factory to the roads and that it is one of the recent acts the courts will be called upon to adjudicate. The plan is said to contemplate the securing of a restraining order under an al legation that the proposed rate is confiscatory and therefore in contra ventiOn of the constitution It will be seen that, in the event this allega- tion is made. the case would resolve itself largely into a question of fact In other words it would have to be decided whether the Arizona roads can profitably operate under the three-cent passenger fare.
 While, as already said, this infor- nation is from a source believed to be reliable. no direct statement has come from those in authority and it is therefore possible that a straight out adjustment of the new laws may be made by the commission and the representatives of the transportation companies. It Is also realized that so far as some of these matters are concerned thy will, finally be largely in the hands of the commission which under the constitution and the cor poration code, is given wide discre- tion even in the absence of 1egis- lative enactment on the subject.