Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-04-15
JUDGE CRUMP TO DECIDE
J|TNEY CASE ON MONDAY
Reserves Decision After Hearing Ar
gumcnt on Petition for
Injunction.
LEGAL STATUS IN QUESTION
Street Car Company's Lawyers Claim
Jitney Is Common Carrier and
Must Get Franchise, but Opposing
Counsel Hold Different View.

Following extended argument by OPP
posing counsel, Judge Crump. of the
Law and Equity Court took under adj
viscment yesterday tho prayer of the
virginia Railway and Power Company
Tor an Injunction TO rcstain the Jitney
association, Inc. and the Richmond Jlt-
heE BUS Company. Inc. from operating
passenger automobiles on the streets
oil the city without first obtaining I
franchise to engage in this business
Tho lawyer for both sides were noti-
ned that the court will receive briefs
II the contestants should decide to re-
enforce in that way the argument pre-
sented yesterday. Judge Crump's de-
ctSton In the case, it is expected, will
pc handed down on Monday.
The Virginia Railway and Power
Company was represented by Henry w.
Anderson. vice prcsidcnt and general
counsel. and r. Randolph Williams. For
the titncy bus companies there APP
peared Christopher L. Garnett. Assist
ant Attorney encr;l of Virginia, and
Attorneys ID. c. O'Fiahcrty and Royal
Il. Caben
is THE JITNEY BUS
A COMMON CARRIER.
The controversy hinged about the
construction OF section lea OF the Con-
stttution, which requires street car
companies and similar public utilities,
rs well rs all like enterprises be-
tore making use of the streets and al
ieys OF city or town. to secure the
consent of the Council in the regular
manner prescribed by law.
Mr. Anderson held that the opera
ton OF 5itney busses Is like enter
prise to the operation of street cars,
within the meaning of the Constitu-
tion ana that the jitney bus passenger
carrying business cannot. therefore be
legally conducted without Il franchise
for the use of the streets He made
the point that the passenger carrying
junction is the true test of a common
carrier ana not the character of the
vehicle or It's motive power.
The street car company's counsel
GREW attention TO the numerous court
decisions bearing out his contention
mat there Is no essential difference be-
tween the ancient omnibus, the old
morse car the modern electric car. and
the 1itncy bus-all being common car
riers. Offering themselves to the public
indiscriminately at small uniform
passenger rate-and that, therefore,
the jttney bus companies could not le-
Sally be relieved OF burdens placed
upon street car companies
SAYS JITNEY FRANCHISE
IS NOT NECESSARY
Attorney Garnctt contendcd that jit-
ney bus operation is not n like enter
prise 10 the operation of q street car
line. and that the jitney could not le-
Eally be subjected to special regulation
that Is not imposed on all other auto
mobilcs-public or private A practi-
cal answer to this argument, he said
Is the fact that the city has Issued IL
ccnscs to 3!tncy bus cars and is per
hitting them 10 operate without look
ing upon them as violators OF the law
"A franchise gives the right TO do n
thing which otherwise cannot be done"
said Mr.. Garnctt. at carries with II
the idea of prohibition. The Council
can grant il or refuse it, In it's refusal
however, II can only prohibit illegal
acts.
1T would be illegal for n street rail-
way company to operate cars in the
streets or the city Of Richmond with
out n franchise. 1t is not illegal TO
operate 1itneys without 81 franchise
ana ii is being done. Every citizen
has right TO the use of the streets
Tor legal and proper purposes. ami car
rying people for hire is certainly a le-
gal and proper occupation.
For the sake OF argument let us
admit that q jitney is n common car
rlcr Now. If jitneys must have a fran
chise II means that the franchise NAV
be refused by the Council II It so de-
stres. In other words. It means that
the Council can prohibit jitney buses
from operating IN Richmond and can
prevent their operation. If man
WISHES TO opera:' jitney and is WILL
ing 10 do what the law requires. I
mink 1t Is absurd to say that the Coun-
cil can prevent him."