El Paso herald. (El Paso, Tex.) 1901-1931, 1912-11-26
ARIZONA ROADS
FIGHT LOW RATE
Believed if They Win That
Rate Commission Can
Order Cut, However.

Phoenix, Ariz., Nov 26.-Nearly all Of
the railroads doing business in arizona
have applied in the federal court for
injunctiOns restraining the state au-
thorities from enforcing the provisions
of the three cent fare law, passed by
the last legislature and endorsed by
the voters Of the state at large TO
whom ii was referred at the last cleo
ton.
The Ell Paso & Southwestern com
pany has submitted an amended com
plant to take the place Of the com
plant filed last week. In thaA COM
plant 1t was alleged that the Dbl was
not legally referred to the people at
the election held November 8 and there
fore legally imperative. It is pointed
out that the law on the subject provides
that notices of the referendum election
and the amendments or bills to be re-
ferrel shall be mailed by the secretary
of state so as TO reach the voters Of
the state on or before the 10Th day
preceding the day on which the election
is to be held and this, it is alleged
was not done.
Numerous Instances are cited of vot-
ers in the state who received no no
tice of the election from the secretary
of state Some of them some OF the
most notable men in the state.
Secretary Of state Osborn points out
that the law clearly says that the no
tees shall be mailed by the secretary Of
state to those legal voters of the state
whose addresses he may have. He
contends that he complied with the law
Secretary Osborn says the fact that
some voters got no notices IS evidence
that the poll lists of the counties did
not reach the office of the secretary Of
state in time.
That secretary Osborn's explanation
has some merit. is borne out by the
fact that the attorneys of the FL PasO
& Southwestern have withdrawn their
complaint alleging the incOmpetency Of
the notice given voters and filed a new
com plant IN which a violation OF the
interstate commerce law is charged
Law Called COnfiscatOry.
The Southern Pacific sets up that
the law IS violation OF the l4tn
amendment OF the federal constitution,
in that 1t proposes to take from the
railroads their property in the form OF
burdenSOme fines without due process .
roads, that the three cent fare law, II
enforced will disturb all interstate
rates based upon the rates now exist
ing and viii make necessary complete
revision of all tariffs from all railway
points in the United States. to all points
in Arizona, an endless and expensive /
task
voted for the law to strike a blow at 4
the railroads, which, they thought were I
making too much money, others give as :
a reason that the roads had OF their 4
own VolitiOn eSta bllShed a three cent
per mile rate by offering to commercial (
travellers, and others who cared 20 Guy !
them, 5000 mile scrip books at $40 /
They held that II the railroads cpuIu
carry commercial travellers FOR three
cents a mile. they should De made to
carry all travellers at the same rate.
Commission Can Regulate RsItcs.
Should the railroads win their cults
ana get the injUnctions sought, which
has already been made temporary II IS
believed by some Of the ldOre radical
that the corporation commission has
power under the constitution to regu-
late rates. Section 3, Of article W, of
the constitution, p-esc-ibss the POWERS
O. the corporation commission in the
following language
THE corporation commission shall
have full power to, and shall, prescribe
Just and reasonable elassificatiOns to /
be used. and just and reasonable rates 4
and charges to be made and collected, ]
by publih service corporations within /
the state for service rendered therein"
With the clause quoted so clear it is [
not believed that any legislation estab- 4
fishing rates is needed nor is it be- 4
lieved that the federal courts viii in 4
terfere with the commission should il j
attempt to exercise the prerOgatives
granted il by the constitution.