"Comes
now the plaintiff above named, and, upon the consent of
defendant and by leave of court, files this, its amended
complaint, and, for cause of action, alleges:
"1.
That Elmer E. Corfman, Thomas E. McKay and George F.
McConagle are the duly appointed, acting and qualified Public
Utilities Commission of the State of Utah, and bring this
action on behalf of the said State of Utah.
"2.
That under and by virtue of the authority vested in and
conferred upon the aforesaid Commissioners by Title 91,
Complied laws of Utah, 1917, and amendments thereto, said
Commission is vested with power and jurisdiction to supervise
and regulate all public utilities and common
carriers in the State of Utah, as defined in the aforesaid
Title and amendments, and to supervise all of the business of
every other public utility, and to hold hearings upon
applications to establish lines and routes throughout the
State for the transportation of freight and passengers, and
to issue certificates of convenience and necessity for the
operation of the same.
"3.
That under the law, as set forth in said Title and said
amendments, every person, firm or corporation who is engaged
in, or engages in, the transportation of persons or property
over regular routes between points in this State is
designated as a common carrier or public utility, and as such
is required to apply for and secure a certificate of
convenience and necessity from the aforesaid Commission,
before he, they or it can establish and operate any line or
route between points in this State for the transportation of
freight, express or passengers for hire.
"4.
That defendant, George Pulos, also known as George Paulos,
has undertaken to operate, and is now operating, for public
service within this State, a freight truck line, and in so
doing is carrying freight and merchandise for hire and for
compensation over the public highways of this State, between
Salt Lake City, Salt Lake County, Utah, and Vernal, Uintah
County, Utah, via Duchesne, Duchesne County, Utah, serving
points within said Uintah Basin, without having received from
said Commission a certificate of convenience and necessity or
permit, or without authorization so to do, and in violation
of the provisions of said Title 91, Compiled Laws of Utah,
1917, and amendments thereto, commonly known as the Public
Utilities Act, in this that said defendant for more than one
year last past, for hire and for compensation, has accepted,
and is now accepting, freight and merchandise from the
general public whenever the same has been offered, and has
been, and is now, transporting the same between said points,
and has been, and is now, serving the points hereinbefore set
forth; that said defendant, while operating and accepting
freight and merchandise, as aforesaid, did, between November
1, 1928, and February 12, 1929, accept freight and
merchandise from the Western States Grocery Company, Korns
Warehouse, Utah Ice & Storage Company, Purity Biscuit
Company, Salt Lake Hardware Company, in Salt Lake City, Utah,
consigned to points within said Uintah Basin, and did,
between said dates, for hire and for compensation, haul and
transport said freight and merchandise from said Salt Lake
City, Salt Lake County, Utah, over the public highways of
this State, via Duchesne, Duchesne County, Utah, to points
within said Uintah Basin, and did deliver the same to
Cleveland Service Station, Roosevelt Lumber Company,
Allen's Cash Store, Vernal Lumber Company, Ashton
Brothers, Woodward Furniture Company, Charlie
Hatch, David Witmer, Ashley Co-op,
and numerous other individuals, firms and corporations, the
names of which are unknown to plaintiff, but are known to and
within the knowledge of said defendant, all which
individuals, firms and corporations are located within said
Uintah Basin: that the exact dates upon which said shipments
were made, and the names of the consignees of said shipments,
are unknown to plaintiff, but are known to and within the
knowledge of said defendant.
"5.
That at no time has there been issued or granted to said
defendant, by said Commission, a franchise or certificate of
convenience and necessity, or a permit, to operate as a
common carrier or public utility over the public highways of
this State or at all, and that said defendant does not now
have, and has not had, at any of the times hereinafter
mentioned, such franchise or certificate of convenience and
necessity or permit.
"6.
That if the acts of said defendant, of which complaint is
herein made, are allowed to go unchallenged, the efficiency
and usefulness of the work of the Public Utilities Commission
of Utah will be greatly impaired and held in contempt by said
defendant and others, and its orders openly violated and
disregarded, and for these reasons, by legal and proper
action heretofore taken, the Public Utilities Commission of
Utah now directs commencement of this proceeding on behalf of
the State of Utah.
"7.
That plaintiff is without any adequate or speedy remedy at
law for the wrongs and injuries herein complained of, and
practiced against it, by said defendant, and that unless
defendant is enjoined from so unlawfully hauling and
transporting freight and merchandise, as hereinbefore set
forth, defendant will continue to do and perform said acts,
and plaintiff will suffer irreparable injury.
"Wherefore,
plaintiff prays judgment against said defendant that an
alternative writ of injunction be issued, and that said
defendant be required to show cause why he should not be
perpetually enjoined and restrained from operating a freight
truck line for the hauling of freight between Salt Lake City,
Salt Lake County, Utah, and Vernal, Uintah County, Utah, via
Duchesne, Duchesne County, Utah, and serving points within
the Uintah Basin in said State, and be compelled and enjoined
to obey the orders of the Public Utilities Commission of
Utah, and for such other relief as to the court may seem just
and equitable, and for costs."
