Arizona republican., 1913-04-16
WILL. RESIST
 COMMISSION
Atchison, Topeka & Santa Fe Files Bill ill Equity for Relief From Order Throwing De Luxe Trains Open to Local Traffic

The Atchlson, Santa F'e and Tope- ka Railway company yesterday filed bill Tn equity against the state corporation commission, Attorney General Bullard and the Pullman company, seeking relief from an or der Of the commission recurring if to admit local passengers to it's De Luxe trains running through this state and which under the railroad regulations accept only through fares or permit through passengers to re- Sulne thelr journey from the stations or Williams and Ash Fork only The Pullman company is made defendant only for the reason that It had been made a party to the action before the corporation com mission.
 It is stated, though the fact is not mentioned in the bin that it is filed at this time only for the pur- pose of preserving the rights of the railway company in the courts as 1t would have to be filed within thirty days after the denial by the corporation commission of a motion for a rehearing and that time is about to expire. No temporary in junction is asked for and the test of the validity of the law proposed by this action may be taken up at any time when subpoenaes shall be filed upon tine parties defendant In the meantime the order of the com mission remains of full force and effect.
 The bill is a very long one giving a history of the development of limited trains and explaining the purpose designed to be secured by them It contains complete sched- ule of the passenger service of the company in this state
 The limited service, it is ex- plained, was made necessary by the competition of other lines and it was designed to attract through passen- gers by offering them superior ac- cOmmodations and freedom from the annoyance of local passenger traffic. Therefore none but through tickets were sold to or from points in this state and no passengers were re ceived except through passengers who had stopoVers to points on the Santa Fe Prescott and Phoenix rail- road, or for the purpose of visiting the Grand Canyon.
 There is a limited number of berths on these trains and the Pull man cars differed from the ordinary Pullman in that they contained no smoking compartment, since one car cf the train was used by all the passengers as a buffet or parlor car. The accommodations of this car were only sufficient for the through pas sengers so that when local or un- expected traffic was admitted there was crowding and discomfort. This was also true of the dining car in which it was expected to serve only through passengers.
 Since the order of the commission went into effect, it is alleged that there has been much complaint by through passengers of the incon- veniences to which they have been subjected.
 There is another interesting ale gation and that is that under the law of July ?, 1866, granting a sub sidy to the Atlantic and Pacific rail road company which was taken oveI by the Santa Fe in 1903 and which is that part of the complainant's line running through this state, that be- came post road open to the mili- tary and naval service of the United States.
 It is declared that the order of the commission is unreasonable, is ali interference with interstate traf- fife and is violative of the fedora constitution.