Weekly journal-miner., 1920-12-22
STAGE WAR IS SUBMITTED
 TO JUDGE r. II. LYMAN
lFrom SNl6av-s DllILl

Suil OuHulllS luC contention or tue
 Arizona Bus company and the Jc- rome Union Stage company over rights to use the Prescott Jerome
 short-linc road for business purposes
 but when the law, ill the person of
 Judge Franl, II. Lyman of Naricopa county got around to it yesterday afternoon, the hearing was of d rapid fire order His train back to Phoc- nix not being inclined to wait on
 the law, Judge Lyman hustled" the argument between counsel on de- murrer intcrposed by the Arizona
 Bus company and on the citation of the corporation commission for con-
 tempt Of an order issued ill this court in this case by Judge Elmo E. Bollingcr, a visiting judge from Mohavc county.
 Both questions will be taken under 'adviscment and Judge Lyman will rule in writing unless he later finds it more desirable to return to Pres colt to issue his decisions from the bench.
 That be believed Judge Bollinger had gone pretty far" in issuing a temporary restraining order to pro hibit the commission from citing and
 lining the Jerome Union for con tempt was one result of the courts hearing. He said further that in d rather extensive experience with the corporation commission, he had
 found it the party most in the habit of issuing contempt citations and most generally in position to back them up.
 The jurisdiction of the court to cite the corporation commission and primarily to issue summary order without notice to restrain its ac- ton was also questioned by Judge Lyman, although he said not word as to what his decision would be and informed the attorneys that he desired to read all their pleadings and citations of authorities before rendering his findings-"which will not take a great while"
 All Arguing at Once
 It seemed to be the custom, de yclopcd during the course of the hurried proceedings 10 argue and submit cases al the same time. Judge Lyman figurativcly read authorities with one eye and listened to cz- positions of the law with the other
 He finally glanced at his watch, removed his glasses and announced that time was short He cut argu- ments by Walter M. Burch, repre- senting the Jerome Union, and gave Clyde NJ. Candy of the attorney. generals office ten minutes in which to uphold the contentious of that party 10 the controversy. Mr. Burch ] had argued that it is unconstitutional |. for a state to grand wide discretion ary powers to a commission or of-i ficial, empowering him or fl 10 grant i licenses without first setting forth l qualifications that would be equally | open to all Mir. Candy conlcudcd . that the stage lines were corpora | tions, that their service made them public utilities and that as such they were under the control of the state. . This control, he said, was lawfully delegated to the corporation com mission which specifically did not grant exclusive franchises but i'll its discretion was able to say as be- tween two applicants for a permit, which should have it.
 About that time Judge Lyman Interrupted the argument and said Let us get into the con tempt case What is it, anyway There was some offer oi argument and some inclination 10 delay until more time was available The court said: I'll hear this right noww Time was growing more and more short The court dug into the case and demanded papers. The table in Judge Swcency's chambers where Inc hearing was held, was piled d loot deep in papers, books and brief cases. There was a nasty scramble through the documents for those sought, thc attorneys continuing to 1 advance their arguments and the court intcrjccting comments and questions.
 Finally it was contcndcd by Geo. ". Nilsson for the Bus company hat the court had issued the re- draining order without noticc-"an and ny office is right oyer there and it wouldn't have taken them five min | Itcs to have notified mel" The ,ourt intimatcd that Judge BolIingcr :. rad gone pretty far and added a CIV comments about his own expcr- ! cucc with corporation commission .ases.