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Pacific Greyhound Lines v. Brooks

Supreme Court of Arizona

July 10, 1950

PACIFIC GREYHOUND LINES
v.
BROOKS et al

Alternative writ made peremptory.

Jennings, Strouss, Salmon & Trask, of Phoenix, and J. A. Riggins, Jr., of Phoenix, for petitioner.

Fred O. Wilson, Atty. Gen., Calvin H. Udall, Asst. Atty. Gen., for Corporation Commission.

Langmade & Sullivan, of Phoenix, for Sun Valley Bus Lines, Inc., an interested party.

Udall, Justice. La Prade, C. J., and Stanford, Phelps and De Concini, JJ., concur.

OPINION

Udall, Justice.

[70 Ariz. 340] This is an original proceeding initiated in this court by petitioner, Pacific Greyhound Lines, a corporation (hereinafter termed Greyhound), against the Arizona Corporation Commission and the individual members thereof. Greyhound is asking that this court prohibit said Commission from

Page 478

taking any further steps to carry into effect the order, entered upon its own motion, directing [70 Ariz. 341] Sun Valley Bus Lines, Inc. (hereinafter termed Sun Valley), holder of certificate of convenience and necessity No. 5234, to commence rendering local passenger service to all intermediate points between Phoenix-Florence or Phoenix-Superior (save and except through passengers between the designated termini).

The Attorney General filed a response on behalf of the respondents Arizona Corporation Commission and the attorney for Sun Valley, the real party in interest, has fully briefed the factual and legal issues presented.

To forestall any claim that the matter is now moot by reason of the order having been entered before the alternative writ of prohibition was issued we point out that this order must needs be implemented by further acts of the Commission. Therefore it is in the interest of orderly administration of the law and for the future guidance of the Commission that this court should now determine the issue presented. Corbin v. Rogers, 53 Ariz. 35, 85 P.2d 59. Further more this remedy appears proper for as is stated in 42 Am.Jur., Prohibition, Sec. 41, "* * * so long as anything remains to be done under a void judgment or order, prohibition may prevent the doing of it."

This is a companion case to certiorari proceeding in the case of Metropolitan Lines, Inc., v. Brooks, 70 Ariz. , 220 P.2d 480. It will be noted that both of these cases are germane to and stem from the controversy decided by this court on March 13, 1950, in the case of Pacific Greyhound Lines v. Sun Valley Bus Lines, 70 Ariz. 65, 216 P.2d 404, hereinafter referred to as cause No. 4988.

Upon the going down of the mandate in cause No. 4988, attorneys for Greyhound (appellant therein) presented to the lower court a proposed form of "Judgment and Decree on Mandate of the Supreme Court" wherein was incorporated this order, viz.: "3. That the defendant Sun Valley Bus Lines, Inc., a corporation, its officers, agents and servants be, and they are hereby, enjoined and restrained from giving or rendering service between Chandler and Phoenix and points intermediate thereto." (Emphasis supplied.) Attorneys for Sun Valley (appellee therein) objected to the inclusion of the phrase "and points intermediate thereto", this objection was sustained and counsel were directed to prepare a form of judgment omitting same. Whereupon appellants petitioned this court to recall its mandate and modify and amend it in such form and manner as to more clearly set forth the substance of its opinion and decision in the matter. This petition was granted and an amended mandate was issued incorporating the precise phraseology quoted above. Also for ...


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