Weekly journal-miner., 1921-11-09

laws of the state relating to pubic service corporations obeyed.
 It seems quite clear that the most of the troubles of the applicant com- pany during the last year and half have resulted from poor judgment or bad advice and since we are now as sured by counsel that it is the de- sire of each and every member of the corporation to conform to the flaws and to transact business in a proper and legitimate manner, we think that so far as it IS possible and consistent justice should be tempered with mercy, and we arc therefore disposed to return to them the privilege of operating over their old line between Clarkdale and Je- rome, which privilege was forfeited not by any act of this commission, but by their refusal to apply for a renewal of their permit which eX- pired on December 9, 1920. It is well that the record ill this case should show that when the company now operating over the line between Clarkdale and Jerome made its ap- plication for such privilege the Je- rome Union operators were informed that if they would appear at the hearing on January 5, 1921, and make the statement that they desired to re- inew their permit and continue opera tions, notwithstanding their. attitude with reference to the JeromePres- colt highway, their permit between ! Clarkdale and Jerome would be re- newed and that the application of the Verde Valley line would be denied. ! This advice, however, was not heed ed; they were present at the hearing but refused to participate therein or to conform with the law by asking for a renewal of their permit, leav- ing the commission with no option | but to grant the application of the i Verde Valley line. This recital is solely for the purpose of placing be- | fore those who may not know the exact condition with reference to the forfeiture of the right to operate be- tween Clarkdale and Jerome.
 
 The litigation with respect to the rights to operate over the Jerome Prescott highway has been not only vexatious and annoying but exceed ingiy expensive to the applicants herein as well as to the company holding the permit to operate. The records disclose that the Arizona
 Bus company has sustained loss
 during the first eight months of 1921 in excess of S4OOC. General busi- ness conditions are bad, traffic is light and there is no indication at this time when there will be suf- ficient travel to justify the operation
 of two lines, even if that seemed ad-
 visable from a standpoint of the pub lie welfare. and since there IS noth- ling of record to indicate a public necessity for additional service we must conclude and find that the ap- :plicationsof the applicant herein to
 operate line between Prescott and
 Jerome should be denied.
 This condition is also true at the
 present time with reference to the line between Clarkdale and Clemen-
 ceau and a like finding and conclus- ion is made with reference thereto.
 From the standpoint of traffic, and
 revenue there is nothing upon which
 we could base a finding that would justify an additional line between
 Clarkdale and Jerome, but as we
 have heretofore said, we think that Justice may be tempered with mercy to the extent that we will restore
 tkis privilege to the applicant herein
 on the expressed stipulation of coun-
 scl that they will religiously conform
 to the law and to the authority here
 ill granted, and that the permit which
 will issue hereunder shall not bC
 deemed a basis for operations be.
 tween other points than those named
 The permit will be granted for . period of six months and subject tc
 a renewal for all additional si2
 months if all of the conditions there
 of are compiled with.
 This may appcar~to work hard
 ship upon the Verde Valley line anC indeed to a slight extent at least, i will since additional investments may have been made by reason of the au thority granted by us to extend it operations between Clarkdalc anc
 Jerome. We think, however, tha this will not be so serious as to re suit in confiscation and that our de sire to be mcrciful justifics the end The Verde Valley line is now opc rating on d two-hour schedule be