Arizona republican., 1921-02-26
SECRETARY DENIES
 RIGHT IF COMPANY
 INJURED BY ORDER

In statement made to The Repub- lican yesterday, A. E. Stelzer. seere- tary to the Arizona corporation com- mission, denied that the commission had unjustly ruled the Jerome Union Stage line off the new state highway between Prescott and Jerome. This denialN is in answer to an article ap- bearing in yesterdays Republican giv- ing an interview with F. W. Smith. president of the Jerome Union com pany.
 According to the commissions sec retary the Jerome Union line never had any right to operate over the new high way and the right which it claims is merely a pretense put forth for the purpose of assisting it to operate over a route to which it is not entitled.
 The proper regulation of automobile stages by the state" says Mr. Stelzer
 will not be abdicated becASse every contender for a certificate to operate cannot be satisfied any more than courts will be destroyed because both sides cannot be satisfied with the de- cision or verdict. The Jerome Union was not one of the first in the field, operating stages over the old road be- tween Jerome and Prescott, as stated bv MT. smith but was the very last one so to operate, securing a certificate so to do by assuring the commission that it
 
 cure any right to operate over the new highway, which was then under con- struction. The commission was misled by this seemingly honest statement made by none other than F. w. Smith whose interview was published yester- day.
 The Jerome-Union up 10 that time had never operated over the old road but the predecessors of the Arizona f0rl h1d that route for many years, and natur- ally had the first right to operate over 1 the new highway or short route be- tween Prescott and Jerome. No sooner had the new highway been thrown open Tor traffic than the Jerome Union un- blushingly put forward the contention | that it's certificate to operate and operation hereunder over the old high way gave it the right to operate over the new highway and did proceed so unlaWfully to operate even after it's action in the superior court of Yava- 1 pai county against the corporation commission had been dismissed by Judge Sweeney with 9 warning tha; such operation was unlawful. This or der by Judge Sweeney was never ap- pealed from the Jerome Union and the
 same can be said of the order by the commission denying it a certificate to operate over the new highway and the decision by Judge Lyman in a separate action, that the Jerome Union had nc lawful or vested rights to operate over the new highway.
 "So it was that the Jerome Union stages were not permitted to run over the new highway.
 The injunctiQn referred to by MT Smith as having been issued against the commission by Judge Bollinser was merely a temporary order granted without notice or hearing which was later automatically dissolved when the court found against the Jerome Union While it was in force it was obeyed by the commission. No court has ever sustained the position taken by the Jerome Union.
 Because of the dangerous character of the highway and to provide the best possible service to the public, the com- mission chose to grant at this time only one certificate, and this wont to the oldest company. If the public con- yenience, safety and necessity should | justify the operation of another auto mobile stage line over the new high