The Coolidge examiner., 1946-10-11
Utility Rate Study
Law Is Challenged
By County Men

BY County Men
The constitutionality of an act
passed by the Arizona Legislature
appropriating $4,000 for utility
rate survey in Arizona by the
federal power commission is Ques-
toned by suit filed last Friday
in Maricopa superior court by two
Pinal county residents.
Peter II. Ellington. OF Casa
Grande. former state senator, and
A. L. Bartlett, of Coolidge, filed
the action against the corporation
commission, Ana Frohmiller. state
auditor. and John l.. Sullivan, at
torney general. through their at
torney, Charles II. Reed, of Cool
idge.
The measure under attack was
passed last year by the first spe-
cial session of the seventeenth
legislature and was signed by Gov.
Osborn on Oct. 3, 1945.
The suit has the immediate ef-
feet of halting any negotiations
with the federal power commits
sion for the survey and any ex-
penditures of the appropriated
funds until a decision Is handed
down in the Maricopa court on the
legality of the measure in ques-
ton
Speaking of the suit yesterday
Mr.. Ellington said, Il am in fav-
or OF investigating the rates
charged by all public utility COM
panies in Arizona, but / don't
think IL is right to collect taxes
on property in all the counties in
Arizona to raise money to inves-
tigate only Maricopa County utili-
ty companies. 1t is common knowl-
edge that the S5O,OO0.O0 appropri-
ated by this act is not anywhere
near enough to make rate inves-
legations throughout the state and
that the Federal Power Commits
sion intends to use the whole
amount to investigate the rates of
the Central Arizona Light and
Power Company of Maricopa
County.
Il am also opposed to turning
over control of our state utility
companies TO the Federal Govern
ment The Arizona Constitution
has set up the Arizona Corpora
ton Commission as the agency to
handle such matters and there is
no need to call in the Federal
Government or to bypass our own
State Commission. There has al
ready been too much invasion of
state rights and meddling in local
problems by the Federal Govern
ment and it is time that the peo-
pie of this state and all other
states called halt before we are
all completely dominated by
Washington.
Ellington and Bartlett, in their
complaint filed by Attorney Reed,
contend that the act Is an unlaw-
full delegation of the legislative
power of the state to a federal
agency in violation of the cOnsti-
tutions of Arizona and the United
States in that it requires the cor
poration commission to abide by
such rules and regulations as may
be set down by the Federal COM
mission. They also maintain that
the act is unconstitutional in
that it gives the Federal commits
sion the power to select rate and
other experts and professional as
sistants of the State commission.
Section 3, Article 10 of the Ari-
zona constitution specifically
states, the complaint points out.
that full power to prescribe class
ifications, rates and charges to be
made and collected by public serv-
ice corporations within the state
is vested in the Arizona corpora
ton commission. Delegation OF
this authority to the federal COM
mission as stipulated in the new
law is in direct violation Of the
state constitution, the suit charges.
The $4,000 appropriated for the
study is wholly inadequate to
make the necessary Investigations
and conduct the hearings, the
complaint charges, and the entire
amount would be used in a survey
of companies serving Maricopa
county users, leaving no funds for
the survey of all companies in the
state, while all Arizona taxpayers
would be footing the bill.
The defendants have 20 days in
which to file an answer to the suit
and no decision can be made on
its disposition until the answers
have been received by the court,
which will be after Oct. "a.
N