Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1919-11-04
way we can be of assistance to you
Cautiously yours,
RAYMOND F. OVENS,
Attorney for. the Commission.



These actions We're instituted for
the purpose of determining the con-
stitutionality of subdivision 8, sec
ton 10, and section 72-72 chapter
LOG, C. L. and subdivision 8, section
and section 2, of an act of the leg
islature of the state of Idaho, APP
proved March IA, 1919, amending
sections 10 and 70. C. L. The COM
plant against the defendant Kohl fol-
lows the language of the statute
and alleges that on or about the 7th
day of July, 1919, that he held out
and advertised that he would drive or
cause to be driven, or operate over
any route or routes for hire or COM
pensation, an automobile for carry
ing passengers in Boise city, or else
where, said automobile not being
run on rails or tracks, and not being
used exclusively as a hearse, ambu-
lance, hotel bus, and not being an
automobile or auto truck used for
carrying U. S. mails over star routes,
without having procured a license,
and without having executed and
filed with the public utilities commits
sion a bond as required by the sec
lions referred to. To this complaint
demurrer was filed by the defend
ant, alleging that it did not state
public offense; that it deprived
him of his property without due pro-
cess of law; that it denied him the
equal protection of the law, and
abridged the privileges and immu-
mites of citizens and of the defend
ant, as guaranteed by the 18th
amendment to the federal constitu-
ton; that said sections are in viola
ton of section 13, article 1 of the
constitution of Idaho, in that they
deprive the defendant of his property
without due process of law; that the
same are in violation ofs section 10
article of the constitution as being
local and special law; that thu
same are class legislation, in tina
they unlawfully and arbitrarily dis
criminate between citizens engaged
in the business of carrying eithe
passengers or freight, or both, TO
hire or compensation; that the sam
are discriminatory in many respects
which are set forth; that they do no
apply to, or operate alike upon ever,
person or persons, company or cor
poration of the same class, engage
in lawful business under like cir
cumstanees and conditions. A stipu
lation of facts was filed showing i
brief that on the 7th day of July
the defendant was controlling, man
aging and operating two automobile
of 7 passenger capacity for trans
portation of passengers in Boise cit
and elsewhere; that he held out an
advertised that he would drive an
operate same over the streets of til
city and elsewhere for hire and con
pensation; that the same did M
fall within any class excepted by tt
provisions of the statute in questio
Said stipulation further shows tn;
the defendant operates his autom'
biles in Boise city, and from Boi'
city to various places in Boise coul
ty, Gem county, Ada county, CanyC
county and Owyhee county; that b
tween many of the points specific
are star routes over which autom
biles are operated carrying Unit
States mail, together with passe
gers and light freight for hire
compensation, and are not requir
to procure a license or file any bon
1t is further shown that many of t
points reached by the defendant
autos are parallel to either steam
electric railways, and that such ra
ways carry both passenger a
freight for hire, and are not requir
to take out the licenses, or file a.