Salt Lake Telegram | 1926-12-12 | Page 5 | Vernal Men Win Truck Line Fight

VERNAL VfRNAl MEN WIN TRUCK UHf LINE FIGHT Tem Temporary Restraining Order Is Dismissed on Motion of the State VERNAL AL Dec 11 The 11 The temporary tempo temporary restraining order against Leland Leland Leland Le- Le land Hair Hah of Duchesne William wilHam Wardle of or Roosevelt and R R. L I Johnston and Glenn Alex Alexander both of ot Vernal Vern l. l prohibiting them from operating individual freight truck service between between- Price and I Vernal was dismissed r here hee Wednesday The case was heard by Judge George 1 P. Parker of the Uie district district district dis dis- court The men had been served with a 1 temporary restraining restrain restrain- ing order on OH November 27 effective until December 6 6 but this order vas tas as within a a. few days das dissolved d through the efforts of ot Attorney Thomas W W. ODonnell O'Donnell of Vernal representing the men named In the order In this action the Utah state public utilities commission was the plaintiff the tho restraining order be be be- ing based on the fact that the de defendants defendants defendants de- de had not secured a c certificate cate of necessity and convenience for operating their trucks between the two titles clUes and intermediate points At the hearing before Judge Parker Park Park- er the utilities commission was as represented represented represented rep rep- resented by J. J Robert Robinson assistant as assistant as- as attorney general genera of Utah The genesis of the case reverts to the fact that on October 15 of this year the Eastern Utah Transportation Transportation Transportation Trans Trans- company composed of ot Eugeno Eugene Harmston Lester Mullins l Paul Wilkins and Harry Sprouse all of Roosevelt and R. R L. L Johnston and Glenn Alexander both or br Vernal Vernal Ver Ver- I nal nal was granted a franchise by bv the utilities commission to operate freight trucks between Price and I Vernal and intermediate points COMPLAINTS LODGED Shortly after the franchise was granted the two Vernal men withdrew withdrew withdrew with with- drew from the company and began to operate their trucks between n the two cities without having asked for fora a franchise from the utilities commission com com- mission The Eastern haVing Utah Transportation Trans Trans- I p rt t on company took umbrage at athU hi hU hi H tin Hand and lodged a with th the utilities t commission and l d the temporary restraining order followed by the hearing here heie this week was the result The merchants merchants merchants mer mer- chants of r Vernal entered the fray by declining to give any business to the Roosevelt concern and by Joining the men at whom the restraining restraining re restraining re- re straining order was leveled in contesting contesting con con- testing the tire instrument in court when the cases were culled celled foi for hearing Witnesses and spectators spectators' tors from front every town in the Uintah basin were in the courtroom Wednesday as every community is vitally Interested in the tho transportation tion of ot merchandise and other commodities com com- The tl taking of ot testimony had progressed only a a. short time when Attorney ODonnell O'Donnell brought to light the fact that the certificate cate of ot necessity and convenience gr granted to the Eastern Utah Utah- Trans Trans- company was not yet in effect by reason of ot the fact that the public utilities commission had stipulated when the franchise was granted that the Eastern Utah Transportation must es establish ell es- h stations at each of ot the towns In which they were operating by bv de- de and n nN accenting for tor delivery freight e a and d other the the-r-t tonnage nage must must fix rates and display tariff sheets and must post notices of the schedule time of the arrival and departure of ot their trucks REGULATIONS IGNORED Mr ODonnell O'Donnell produced evidence that the company had do dope done e none of these things thing which had been particularly particularly particularly par par- ordered to be done b by the utilities s 's and as it was the franchise was not operative until all the orders of the commission had been compiled com with by the company the assistant attorney general representing t tie the e utilities commission in the case at issue felt that the Eastern Utah Transportation company company had passed the buck to him in a case not possible to stand on its merits under the statutes of or the state and the regulations of the utilities commission commission commission com com- mission and as the outcome of or his conviction he asked the court to dismiss dismiss dis dis- miss the action and this was done