Lincoln County times. (Jerome, Idaho) 1911-1919, 1914-07-09
JUDGE AILsHIE RESIGNS.

JUDGE AIISHIE RESIGNS.
Chief Justice Jas. F. Ailshie. OF the
state supreme court. rendered his
resignation to Governor Haines last
week to take effect July goth.
The letter with which Justice ALL
plains that the jurist had contem-
plated a much earlier retirement In
order to more actively devote him
self to his campaign for the nomina-
ton as United States senator. but
that the fact that Justice Sewart was
stricken when there was an especial
ly heavy docket before the court
made II necessary to postpone his
withdrawal until he and his associ-
ates could clear up the work on hand
This. 1t now appears. viii be about
July 20. and he asks to be relieved
at that time to be given the oppor-
tunity for campaigning.
Governor Haines has not as yet
will appoint to succeed Justice ALI
SHE. and may not make the appoint
ment until after the primaries. al
though It ia we'll known that there
are many seeking the appointment.
The term. however. would last only
until January LIST next, when the
newly elected Justice would take his
place on the bench.
With Judge Ailshfe prominently In
the ring. the senatorial situation In
the republican ranks will assume an
entirely different aspect. The judge
Is we'll and most favorably known
throughout the state. and has a clean
record which cannot help but appea
to the voters.
In his dissenting opinion filed II
the case against the utilities commits
sion. the Judge makes his position
clear on this subject which will al,
materially in bringing him into clos
er touch with the people in genera
throughout the state. In summon
ing up his opinion in this case. tn
Judge says:
II the utilities act is valid and con
stitutional. then there can be n
question about the right OF the com
mission to regulate the service o
the plaintiff and all other like con
Germs and to fix the rates II ma
charge. but II has no right to exclud
II from the field and grant its com
petitor an exclusive monopoly of tn
business.
1t has been iterated and reiterate
by counsel for the state and couns,
Tor the utilities commission and ais
oy counsel for both corporation
here represented. that the publ
utilities act of this state does ava
with competition In Idaho so far 1
all public service corporations al
concerned, and that 1t provides I,
the creation of monopolies In all pul
lie utilities regulated by commi
sion. The opoinion oy Justice Sui
van adopts the same view and a
serts that this statute. provides Il
regulated monopolies. cannot co
cur In all the Views advanced on tn
Phase OF the question, but think
well that the construction to be pla
cd on this law IL made plain so Il
people may know and understand Il
scope and purpose of the law as vie
ca by the court and the utilities col
mission.
What have said with referen
70 the Twin Falls case is equally a
Phcable to the Pocatello case. The
II was proposed to generate electr
i'y by means of Dissel internal col
ousuon oil engine, and franchi
was procured from the city prior
Tue utilities act going into effect, a
plans and specifcations were ma
ana the company paid for publicati
Oh the ordinance and did some pl
nminary work in the way Of inves
cations and survey Of the ne
ineresfter, and prior to commen
ment Of PROCEEDINGS before the CO
mission, the company ordered a
aso conetruotsd 500 horsepov