Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1919-11-04


city and other cities, autos are oper-
ated between hotels and trains, with
out being required to secure a license
or file a bond; that he is required
to pay certain licenses to Boise city,
to the county assessor, and certain
expenses under the worlmen's com
pensation law, federal licenses, etc.
The complaint against the defend
ant is similar to that against the de-
PENDANT Kohl, except it charges the
operation of auto trucks in the car
rying and hauling of freight for hire,
instead of passengers.
The demurrer raises the same
questions as urged against the COM
plant in the Kohl case. The stipula-
ton of facts, while not exactly the
same, are, in many respects, similar,
the main and essential difference be-
ing that which naturally arises in
the conduct of the freight business
as distinguished from passenger
traffic.
The presumption is in favor of the
constitutionality of the statutes in
question and unless this presumption .
is clearly overcome then the statute
should be sustained. Anyone who |
holds himself out to the public as
ready to undertake for hire, or re-
ward, the transportation of goods |
and passengers from place to place
and so invites the custom of tht pub
lie is, in the eyes of the law, COM
mon carrier. (Lloyd VS.. Hugh &
keenan, Storage company. Pa.) ~
Atlanta, SIG; 81 Ira, (N.S.) 1888.
The fact that the council Of Boise
city requires license upon automo-
biles used or engaged in the hauling
of either freight or passengers is
no prohibition against the state max
ing further and additional regula-
ton. (Houston VS.. City of Des
Moines, 156 NV, $685. While the
bonding and license provisions, under
the statute in question, may be bur
densome, it does not appear that they
are so unreasonable or exhorbitant
as to be prohibitory. Many of the
cases cited in plaintiffs brief sustain
bonding and license provisions higher
than those required by the statutes
in question. (See Memphis VS.. State,
L179 S.W ,631; Ira. 1916B, 1851;
Dickey VS.. Davis, 1915F, Ira,
(N.S.) $40, note. Elk parte Cardinal,
$50 Pac. 34S. The serious contention
urged against the statutes in ques-
, ton is that it is arbitrary and class
: legislation, abridged the rights and
: privileges of the citizen, and partic-
ularly of the defendants, deprived
= them of their property without due
process of law, and unlawfully dis
: eliminated between the parties en-
: gagged in the same class of business
: AS bearing on this question, see
l Thielke VS.. Albee, 1853 Pac. 1893;
r State VS.. Farrey Line Auto Bus COM
, pany (Wash.), 161, Pac. 457; PEG VS.
/, Jordan (Cal.) 156 Pac. 451.
Considerable stress upon the argu-
: ment was laid upon the discrimina-
ton which, as counsel urged, is per
t mitted by the statute in the opera
= ton of hotel buses, and automobiles
e or trucks carrying U. S. mails over
/ star routes.
= The word "solely" used in connec
e ton with the hotel bus was no doub
d used in the sense of exclusively
= Words G. Phrases, End, Ser. Vol.
: page 615). The exemption of auto
h mobiles and auto trucks on sta
/ routes when actually engaged in car
: rying such mail, to my mind, pre-
e sents the most serious question con
y corning the validity of the act, bu
y in the light of the cases cited b.
e counsel for the state and in the gen
}, eral rule as contained in IL CD
g 1929, it would seem that the stat
e ute should not be held void and un
It constitutional by reason of this ex
$ emption. An exemption applies onl
d to the automobile or truck when act
sr ually engaged in carrying mail. TIL
,r mere fact that such vehicle is in tn
lie service of the government of tn
S, United States gives some reason fo
ot its exemption. A statute will be sus
y tanned where the basis for classif
r cation made by it could have SCENE
ID reasonable to the legislature, an
r even though such basis seems to tn
u courts TO be unreasonable. Legisls
in tive discretion in this matter is M
y, subject to review by the courts, e'
n cept to the extent of determinin
es whittier the classification adopted
s. arbitrary, unreasonable and unjus
ty Star routes, as / understand al
nd those where the mails are not carrie
nd by train, and which are traversed /
he what is known as stage lines, usua
n ly reaching or going to places som
ot what inaccessible by the ordinal