Arizona republican., 1918-05-09

Vict him.
 This opinion was concurred in by Justice Franklin and Ross, Justice Cunningham dissenting.
 the latter event to be subjected to fre- quent railway accidents and an ineffi- cient operation of its interstate and intrastate freight railway service.
 Roadbed Built for Work
 Complainant further alleges that the roadbed of compliments lines is so constructed that there are no con- siderable grades upon the same, and that complainant can safely run freight trains over its road consisting of more than 70 cars, exclusive of a caboose, without fear of accident or delay and with perfect safety to the crews hand ling and operating said trains; that complainant has continuously in the last five years run over it's road freight trains consisting of over 70 cars, ex- elusive of a caboose, without any ac- cident or delay caused by or to be at- tributed to the number of cars used in the composition of said train"
 Supporting Affidavits
 The action as filed yesterday is the outgrowth of suits filed the day before in the superior court by Attorney General Wiley E. Jones, against the Arizona Eastern, in which an effort is being made to enforce not only the 70 car-limit law but also the full crew act. Before beginning these suits At torney General Jones placed the matter before Director General McAdoo ask ing him what effect such action would have on the government plan. The national department wired that in- structions had been forwarded by mail from Washington. The nature of these instructions is as yet unknown. In the affidavit of Food Administra- tor Riordan it is set forth that your affiant believes that unless the op- eration of the 70 car limit law be sus- l pended during the period of the wal that it will hinder and hamper the | United States government in the prose cution of the war to the extent that | food products would be less readily moved and transported from the state of Arizona to the Atlantic seaboarC | and other points of shipment to the forces of the United States in Europe l The affidavit of President Asbury | of the Phoenix Chamber of Commerce l supports, in the main. the contention | of Food Administrator Riordan. i IAtIdtiIlS AO liit SQll AllOi DuIle1I ! said yesterday:
 The Arizona Eastern Railroad com i pany has concluded to test the 70 ca limit law in the federal courts to de termine its application to the presen
 war conditions, for the following req sons:
 "The supreme court of the state 0 Arizona handed down a decision on
 case that was appealed over a year ant
 a half ago, in which case that cour
 determined that the power to pass leg
 islation kindred to the 70 car limit lay
 was in the legislature and not in tn corporation commission.
 The supreme court was careful t point out in it's opinion that it passe
 on no federal question, nor did the pass upon the validity of the statut
 as applied to present conditions. bu
 only as applied to conditions which ex
 sted at the time that the case was ap
 pealed.
 No Quarrel with Decision
 "We have no quarrel with the deci sion of the supreme court, but it doe
 not determine the question as {
 whether or not said law is enforceabl
 under present conditions. We ar
 testing out the law under the preser
 conditions in the federal court becaus
 a strict enforcement of this law woul
 in a large measure hamper and retar
 the quick transportation of supple that are needed by the United State government and the boys in tt trenches. and therefore to that exter would hinder and delay the war. "The following facts are apparent: , We need power to win the war, ar 1 cf aNyiptinu Ia A, , work, and we must make sure tn; power is carrying it's full load. The Arizona Eastern has spel } thousands of dollars to bring their lir up to date to adequately and econon ically serve the public; have installt
 heavy rail, ballasted roadbed, ste
 bridges, and purchased modern hea, ) locomotives. equipped their shop wi | the latest machinery to maintain Sut } locomotives, and have for several yea l been handling maximum tonnage ov ) their line without a single accident men or equipment that could be a tributed to the handling of heavy trail , such trains being handled at spe. l above the average, there being I grades or other conditions that preve such performance.
 l Company Short of Cars l "At this time, in the commenceme 7 of May, the Arizona Eastern Is sho BOT box cars and 97 stock cars : loading on the Phoenix division.
 would indeed be a parody on conserv
 ton during war times to run our trai t over the road with about half their to- r mage. In other words, If we had S train out of NIaricopa that had, say, 0 cars, 20 of them being empty cars f : loading products of the Salt River va { ley, to comply with the 70 car lin e law one of two things would be nece q sary:
 | "To leave the 20 empties in Marico d until such time as we could fill out . 70-car train with them-meanwh y letting producers in the valley wait s cars. and the government, in turn, W, h for their hay or for supplies of colt 0 or copper; or run another engine CT, to Maricona light tO bring in these