Southern Pacific Co. V. Arizona Corporation Commission

On April 29th, the Commission vacated the order of April 18th, apparently being of the view that there was serious question as to the legality of such an ex parte order, and entered an order to show cause directing that a public hearing be held before the Commission on May 19th as to why the passenger service previously provided should not be restored. This hearing was subsequently continued to June 1, 1964. At that time petitioner announced ready to proceed with evidence as to the need for such service but the Commission refused to hear petitioner's evidence for the reason that petitioner's action in withdrawing the trains from service was without authority of law. On motion unanimously carried it directed that petitioner "be forthwith ordered to immediately restore the service that has been discontinued." On June 3rd, the Commission entered its Decision No. 35247, of which petitioner complains, ordering service restored consistent with the schedules on file with the Commission prior to April 20, 1964. Subsequently petitioner's motion for rehearing was denied. We granted certiorari pursuant to A.R.S. § 12-2001, it appearing the Commission had started proceedings for contempt under A.R.S. § 40-424 and that the Attorney General of Arizona, on the authority of A.R.S. § 40-422, had applied for a writ of mandamus in the Superior Court of Maricopa County to compel the operation of the trains. An appeal as provided by law in these circumstances is not adequate. Cf. Whitfield Transportation, Inc. v. Brooks, 81 Ariz. 136, 302 P.2d 526.