Rehearing Denied February 10, 1949.
Original application for writ of prohibition by M. A. Goodwin, Superintendent of the Division of Motor Vehicles, Arizona State Highway Department, applicant, against the Superior Court of Yavapai County, State of Arizona, and W. E. Patterson, Judge of the Superior Court of Yavapai County, Arizona, respondents, to prohibit respondents from proceeding with a certain action brought to review the applicant's action in revoking a chauffeur's license. On motion by respondents to dismiss.
Motion denied and alternative writ of prohibition made peremptory.
Evo DeConcini, Atty. Gen. and R. G. Langmade, Asst. Atty. Gen., for applicant.
T. J. Byrne, of Prescott, for respondents.
Stanford, Chief Justice. LaPrade and Udall, JJ., concurring.
Stanford, Chief Justice.
[68 Ariz. 109] Applicant M. A. Goodwin, as Superintendent of Motor Vehicle Division of the Arizona State Highway Department, filed an original application for a writ of prohibition before this court asking that an alternative writ of prohibition issue to respondents, the Superior Court of Yavapai County and Honorable W. E. Patterson, Judge of said court, prohibiting the respondents from in any way proceeding with a certain action pending in the Superior Court of Yavapai County, Arizona, or to appear in the Supreme Court and show cause why the same should not be done and that at said hearing the alternative writ of prohibition be made peremptory.
The proceeding out of which the present application grows was instituted by Ross A. Spangler against respondent Goodwin, and is as follows:
"I. That he is a resident of Yavapai County, Arizona; and respondent is the [68 Ariz. 110] duly appointed, qualified and acting Superintendent of the Division of Motor Vehicles, Arizona State Highway Department, and in charge of the issuance, suspension and revocation of motor vehicle driver's licenses.
"II. On or about October 4, 1948, petitioner having theretofore been informed as to the penalty which would be imposed, plead guilty in the Justice Court, Norfolk, Nebraska, to a charge of operating a motor vehicle on the public highways of the State of Nebraska, while under the influence of intoxicating liquor, and upon the entry of such a plea, petitioner was fined by the said Justice of the Peace, the sum of $ 50.00, and costs, which he thereupon paid; and, thereupon, immediately left the State of Nebraska in his automobile, and returned to his home in Prescott, Arizona.
"III. That the plea of guilty made by petitioner, as before stated, was solely for the reason of his convenience and economy, petitioner not feeling himself guilty of the offense charged, but being unable to spend the time and incur the cost involved in contesting the said charge.
"IV. On the 25th day of October, 1948, respondent, without giving petitioner any opportunity to be heard, and without any process in law, entered his order revoking the petitioner's chauffeur's license number 11725; and thereafter, a representative of respondent demanded of petitioner, under threat of a criminal prosecution, the return of said license, which petitioner surrendered to the said agent of respondent.
"V. Petitioner is an employee of the City of Prescott, a municipal corporation, and as part and parcel of the duties of his employment, is required to drive a motor vehicle in the ownership of the said city, and is required, under the laws of the State of Arizona, to be a licensed chauffeur.
"IV. That the revocation of petitioner's said license by respondent was and is without any authority in law; and deprives petitioner of his right to the use of property, and the making of a livelihood, and of the privilege of operating ...