The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1917-02-08

Tn one Of the most notable decisions
ever fled in any court in Wisconsin,
Judge E. B. Belden Of the First Wis
consin Circuit, has declared valid the
Wisconsin law providing for the reg
ulation of common carriers known as
"iitneys" and in holding the law
valid he has over-ruled the demurrers
made by the defense to information
fled in the Circuit Court against
Stanley Sankowski, Mike Loewen and
Artie r. Rowe, three of the Kenosha
iitney drivers arrested several months
ago on charges Of violating the state
regulations. 1t is expected that an
appeal will be taken to the Supreme
Court at once. If no appeal is taken
the three defendants must stand
trial in the Circuit Court and under
stipulated facts they must be held
guilty and fined for violations of the
regulations.
''The only matter now before the
court" says the decision, sis the
question whether this statute is valid. =
In answer to this question, Judge
Belden goes deeply into the foundation
of the laws which are made to give the
people control of the highways and to
give the people such police powers as
may be necessary to make the high
WAYS safe for traffic. He deals with the
problems in the light of decisions of
0,1 IA 4ho
light of decisions handed down in
courts in other states, many of these
decisions dealing directly with the
regulation Of the jitney as a common
carrier. In his broad study of the
matter the Judge has reached the deci-
sion that the common carrier has no
vested right which have been violat-
ed by the regulations and that the
legislation which this state has enacted
to regulate these common carriers is to
be regarded as wholly reasonable "
and for the protection of the public.
While the entire decision of the
court is of great interest to students
Of the regulation of utilities, but the
part of it which is especially in
teresting to the laymen interested in
&e direct problem of jitney regula-
tions, is included in the closing
paragraphs In this portion of the
decision Judge Belden says
"The decision of the court is that
The statutes here under consideration
were enacted in behalf of public in
terest, accommodations, convenience
and safety, are not unreasonable or
discriminatory, are not in deprivation
Of any vested right to the use of the
public streets, do not abridge defen-
dant's privileges and immunities as a
citizen in violation of the fourteenth
amendment of the Constitution of the
United States or of the Constitution
or Declaration of Rights of the State
of Wisconsin, is a constitutional and
valid exercise of the police power of
the state and that the information
states an offense against the de-
PENDANT herein.
Whether the evidence to be offered
in support of the charges against the
defendant will warrant or result in
his conviction thereof is matter quite
aside from consideration and deter
mination of the validity of the legis-
lation in question. The information
besides stating the fact as a reason
why the statute should be held unrea-
sonable, undertakes to excuse the
defendant of the offense charged by
stating that during the hours he is
charged with having offended the
statute by failing to run his iitney bus
according to the schedule chosen and
adopted by him in his application, his
said jitney BUS was in garage for re-
pairs and was not taken then and there
in running condition and the said de-
PENDANT was not the owner Of or in
possession Of any other automobile OF
jitney bus for the carriage of passen.
gers. That statement does not advise