The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1919-10-02
Test Case of Common Carrier
Legislation Decided in
Boise Last Week.
EXEMPTIONS VALID
Auto and Trucks Carrying
Mail on Star Routes
Not Included.

The law passed by the legislature
requiring oil machines carrying pas
sengers and freight to take out licenses
and exempting machines on Star
Z routes, is held constitutional and not
class legislation by Judge Reddoch in
an opinion handed down Saturday
evening In the case Of the state VS..
J. F. Kohl and Frank Crosson, brought
to test the validity of the law, say
the Boise Capital News.
Kohl as a carrier Of passengers and
Crosson, who operates auto trucks
for hauling freight instead Of passen-
gers. refused to take out the license as
required by the public utilities commits
sion and under an agreement OF coun-
sci for the cases were taken direct
to the district court. =.
A demurrer to the complaint cited
that in the Koll case it did not state
a public offense, that 1t deprived the
defendant of his property without due
process of law and denied him equal
protection.
In an especially clear opinion, Judge
Reddoch reviews the law. He says in
part: anyone who holds himself out
to the public as ready to undertake for
hire or reward, the transportation OF
goods and passengers from place to
place SO invites the custom of the pub
lie, is, in the eyes of the law, COM
mon carrier.
Serious Question.
'srhe exemption of automobiles and
auto trucks on star routes when ac-
tually engaged in carrying mail, to my
mind presents the most serious
question concerning the validity OF the
act, but in the light Of the cases cited
by counsel for the state it would seem
that the statute should not be held
void and unconstitutional by reason OF
this exemption.
"An exemption applies only to the
automobile or truck when actually en-
gagged in carrying mail. The mere fact
that such vehicle is in. the service OF
the government Of the United States
gives some reason for its exemption.
"a statute will be sustained where
basis for classification made by it coulC
have seemed reasonable to the legis
lature, and even though such basii
seems to the courts to be unreasonable
Legislative discretion in this matter II
not subject to review by the court.
except to the extent of determining
whether the classification adopted Ii
arbitrary, unreasonable and unjust
Star routes as l understand them arr
those where the mails are not carried
by trian and are traversed by what Il
known as stage lines, usually reaching
or going to places somewhat inacces
sible to the ordinary means and metho'
of transportation. This may have beel
a further and additional reason for tn
legislature granting the exemption
The statute as a whole may seen
burdensome, in its practicable applica
tion, but after examining all authori
ties, l am of the opinion that the sam
is a valid and constitutional enactmen
Of the legislature.
The demurrer is denied and over
ruled as to each and every groun'
thereof, and the statement of facts
held to be insufficient to constitut
defense and the matter of pronounc
ing judgment will be deferred unit
such time as Is agreeable to counsel
While the opinion dealt entirely wit
the Koll case. the court ordered tn
same entry made in the Crosson cas-
as the same demurrer and facts wer
presented in that case as in the former
the only difference being that the lat
ter Is entirely freight line, Will
the former handles baggage and pas
sengers.