Arizona republican., 1914-03-30
MERRY FUSS 0N R. R. RATES
Arizona Eastern and s. P. Refuse to Recognize the Rate for Campb ll's Shows Ordered by Cor pOratiOn Commission

The Arizona Eastern Railroad Com pany and the Arizona Corporation Commission are about to become in volved in a controversy relative to the powers of the commission over the rates, charges and schedules for service to circus trains, and whether CT not the railroad company can organization guaranteeing not to transport any other travelling out door show into the same territory thirty days prior and thirty days following the date of the coming of the circus.
 The fuss came up over the com ing of the Campbell Carnival Com pany and organization travelling with eighteen cars of stuff, which has been moving through the state from town to town making week stands. It is now at Tucson where a weeks show has been offered. The railroad company has entered into a contract, it is understood, with the Sells Floto Company not to transport any show into the territory made by the company under the sixty day propo- sition.
 Sometime ago the local baseball club conceived the idea of making a little money for the club by having a carnival here and made a contract with the Campbell company for weeks show following the Tucson dates. That brings the show in here on the same date as the circus. In order to get into Phoenix, however, on the same rate basis as that al- lowed the Sells-Floto. after making application to the railroad and being refused, H. w. Campbell took the matter up with the Corporation Con- mission through the Campbell ad vance man, E. L. Williams. After presenting the facts which were ob- jected to by the railroad, the com mission took the case under advise ment and shortly after issued an or der requiring the railroad to handle the train at circus rates.
 In the order of the commission the following statement was made:
 It appears from the record in this case that these carriers would have transported this shipment to NOgales under the usual rates and terms ac- corded such movements; that the re- fusal to move the shipment to Phoe- nix was because of a contract en- tered into by these carriers with an- other show. The reasons assigned for not moving the Campbell shows to Ray was because it would inter- fere with excursion rates to be made on account of the Sells-Floto show at Phoenix"
 The day this order was issued At torney Frank Cox for the Southern Pacific Company filed a statement with the commission denying the right or jurisdiction of the commits sion to make such a rate and quoting a number of authorities. In view of the statement new trial was urged but this was overruled. Then the fight began. The Arizona East ern refused to handle the train for the Campbell company and the wires have been burnt up with messages since.
 The first came from Campbell to his agent here. It said: Hallmark has instructions from San Francisco to ignore the commissions ruling" Following this and upon the advice of the commission the money for the shipment at the rate of $500 per train mile was rendered and refused and the following telegram came to Phoenix: "S. P. refuses to accept money or spot the cars. Say haven't yet heard from Frisco. Hallmark willing to sign contract on Arizona Eastern, Maricopa to Phoenix, which is no good unless $. P. signs" Then acting as the official for the s. P. for the line from Tucson to Maricopa Mr Hallmark refused to accept the money.
 More telegrams resulted, and the attorney general began the prepara- tion of papers citing the railroad company before the commission to show cause why a fine for contempt should not be entered against the company. The carnival company was advised to stand pat, rendering the money again in the presence of wit nesses. Thus the matter stood yes terday morning but by yesterday eve ming the following telegram had been received from Tucson: "Clapp and Hallmark still refuse to accept the money or spot the cars. Advised me to wire to Sells-F'loto for release. S. P. claims interstate case instead of a state movement"
 Further advice was asked of the commission here and this morning the money will be again rendered The Fl Paso Southwestern has al ready loaded the cars and has them at the depot waiting for the switch engine to go after them.
 A merry little fight is promised as the corporation commission announc-
 ed last night that it intended to en- force it's ruling in the matter, un- | less the railroad moved the cars in | the morning. In the meantime Camp bell is figuring how much he is damaged and he promises to have good sized bill before he gets through The corporation commis- sion takes the position that the haul | is altogether an intrastate movement and that no interstate principles arc
 involved. Some time ago in an order l