Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1921-02-28

10 the Editor of The Republican,, Sir:
The statement OF the secretary of the
commission, relative TO the Jerome
Union controversy, it so misleading in
its details that think we should have
the opportunity TO make certain cor
rections. For example: After stating
that the Jerome Union had never ope-
rated over the so- called old road be-
tween Jerome and Prescott prior to
receiving its certificate. Mr.. Stelzer
says; but the predecessors of the Ari-
iona Bus company had been operating
over that route for many years, and
naturally had the first right TO operate
over the new highway or short route
between Prescott and Jerome"
This statement is intended to make
the reader believe that the Arizona Bus
company's predecessor was actually
engaged in operating a stage line be-
tween Prescott and Jerome at the time
when the Jerome Union asked for its
permit. but this is not true. Neither
the Arizona Bus company, nor its pre-
decessori the Jordan Line operated
stage between Jerome and Prescott,
over the old road or any other route.
They operated a few cars in October.
1917, but not on schedule, and then dis
continued their service. and started a
new line between Prescott and Cotton
wood. They soon reduced their SER
vice TO three trips per week. and when
the commission conducted hearing at
Prescott, in October. 1919. it made a
finding of fact that such ri-weekly
service was wholly inadequate to serve
the public between Jerome and Pres
cott and on that very ground found
that the public would best be served"
by the Jerome Union Line, and ordered
a permanent certificate" to issue to
the Jerome Union to haul through
passengers, without restricting or linn
iting it TO the use of any road or high
way The records of the commission
show that the Jerome Union was the
only company operating between the
termini of Jerome and Prescott, and
Mr.. Steizer's statement is very mis-
leading in that respect.
1t is an interesting fact that the
Jordan Line, now known as the Ari-
Zona Bus company, appeared at that
hearing and declined TO make appli-
cation to operate between Jerome and
Prescott on the ground that 1T would
not pay" but the Jerome Union began
the service and placed it on an income
paying basis, and after it had estab-
hshed it's business and spent large
sums in the purchase of equipment
and in advertising and building up its
patronage, the commission grants an
exclusive certificate to the very com
pany that refused to perform the SER
vice when profits were doubtful, and
deprived our company of it's business
and handed it as mere gratuity tc
the Arizona Bus company. In view OF
the fact that the commissions owr
finding discloses that the Arizona Bus
company and its predecessor had aban-
doned its service between Jerome anC
Prescott for more than two years, i
seems ridiculous to say that this aban
doned service constitutes prior righ
over an existing service being rendered
| by our company. ANY law that viii
permit the commission to find that al
| abandoned service constitutes priority
| over an existing service certalnl,
ought to be amended. The exampl'
cited by Mr. Stelzer, therefore, becomes
a convincing argument for the pending
bill No better Illustration of the in
! justice of the present law could b'
found 1t demonstrates that under thu
| present law, the commission may gran
! or refuse a certificate, at its mere will
for any reason, whether good or bad
and there is nothing in the presen
| law to prohibit such injustice.
This power was designated as al
| arbitrary power by Judge Ingraham
Notwithstanding Mr.. Stelzer's sweep
ing statement that mo court has eve
| sustained the position taken by tn
Jerome Union" 1t seems that Mr.. Stel
ger is developing into a lawyer. How
ever there is very little consola tiol
for him in Judge Lyman's recent in
! junction, since the Supreme court 0
| the state in another case. in a sin1ila
ruling absolutely reversed the order o
Judge Lyman denying us the right t
/ amend our pleading, and go to trial o.
| the facts at issue.
We wish Mr. SteIzer had confine
| himself to discussion of the pend
ing bill. rather than TO inject persona
comment on a lawsuit, for, even if the