Evening journal., 1920-03-09
No TAXI LICENSE
ONFUNERALCARS
Continued from First Page.

tOlQ.
His decision is as follows.
The defendant is charged in the in
formation with having used a motor
vehicle for the purpose OF carrying
passengers for a fare without having
taken out a license, as provided by an
ordinance Of the city Of Wilmington,
passed June 10. 1919.
Chapter i27. Volume 30. Laws Of Del
aware, provides as follows:
Section 4. That the Mayor and
Council shall have power 10 issue
licenses TO and require and receive a
license fee from the owner or owners
Of all motor vhicles operated within
The city Of Wilmington and for the use
OF which as passenger vehicles a fare
"a charged; and also to enact and pro-
mulgate all necessary rules and regu-
lations covering the amount Of fare
which may be charged for the opera
tion Of said motorp vehicles in the car
rying OF passengers within the city OF
Wilmington. provided, however, that
not more than flfty dollars per motor pc
hicle shall be charged for the license
thereof, and provided further, that the
provisions OF this act shall not apply
TO motor vehicles propelled by electric
or steam power and operated upon
tracks
Upon the authority given in this
Statute. Council passed the ordinance
above mentioned. The important parts
Of said ordinance are as follows
Section 4. That from and after
the flrst day Of July. A. D. 1919 every
person. partnership or corporation
owning or operating motor vehicles
within the city Of Wilmington and for
the use Of which as passenger vehicles
a fare is charged shall be required 10
epply to and secure from the Clerk OF
The Council a license 10 operate said
vehicle or vehicles"
Section 4 OF the Ordinance under
takes TO regulate the amount OF fare
20 be charged. and among other things,
provides:
a rate not 20 exceed three dollars
per hour for a five passenger vehicle
and four dollars per hour for a seven
passenger vehicle may be charged for
not 10 exceed six dollars may be charg
ed for a nve-passenger vehicle and
eight dollars for a sevenlpassenger We
hlcle may be charged for each vehicle
employed for funeral services within
the City Of Wilmington; provided
however, that each undertaken may
possess and use one vehicle for funeral
purposes fo~ which no license fee shall
BE- requircft
'The defendant is an undertaken and
IN this instance had hired the car Of
another undertaken. The theory OF the
0ffense is that in view Of the ordinance
which permits each undertaken TO pos
-ess and use one vehicle without a IL
r6nse. he was permitted to hire a We
hi,le from another undertaken and that
.s'd vehicle so hired was exempt be-
,auso IL belonged to and was used by
su,h undertaken.
"ln The first place. that provision of
the ordinance which reads: Provided.
however. that each undertaken may
possess and use one vehicle for fu-
neral purposes. for which no license
zee shall be required is in violation OF
the latter part OF Section 81 Of the
charter which reads as follows:
Council shall not have power 20 pass
an ordinance eXempting any Individual
from the operation OF any general ordi-
nance or Municipal Regulations"
an This ordinance. the Council un-
darlook 10 discriminate in favor OF the
undertaken which, OF course, can not
hc done. This was decided in the case
of Gray vs.. The Mayor and Council OF
Wum'ngton, reported in 2 Marvel, at
PAGE 257.
.'The important question in this case,
However. is the validity OF that portion
of section 4 Of the ordinance first quot
ed above
"The language OF the Statute is that
the city OF Wilmington may require
and receive license fee from the
owner or owners OF all motor vehicles
operated within the city OF Wilmington
and for the use OF which as passenger
vehicles a fare Is charged.
in cases where the car is hired by
the hour the person who Is being trans
ported pays no fare. No charge Is made
per person. The charge Is for the use
~ the machine. The ordinary meaning
n the word fare used In this cOnnec-
ion IS the transportation or passage for
which money is paid Fare ordinarily
contemplates the price charged be-
tween two points. II may be that the
word in some instances would be broad
enough to include a hiring OF any kind.
1ut 10 does not seem to me that this
tatute contemplates so much as that.
"The authority is given Council to
promulgate rules and regulations COW
ering the amount OF fare which may be
charged in the carrying Of passengers.
Here again the same language is used.
"The words fare and passenger
have a well known meaning.
IF person should hire an automO-
bile and furnish his own driver, it
could hardly be said that such person
was the passenger OF the owner OF the
car anc that which he paid for the
use OF the car was his fare. He has
hired the car at certain rate per hour
or per day. He pays for the hire Of
the car at a certain rate. He was not
a passenger and has not paid a fare
within the meaning OF this act.
81 am clearly OF the opinion that this
statute intended to apply TO taxicab
owners and others whose chief busi-
ness II is 10 carry passengers 10 certain
places for certain fare.
III 10 was intended to apply TO every
motor vehicle which was hired by its
owner TO another person Il would have
been very easy 10 have used such words
as would have made such intention
clear.
Il am satisfied that the following
provision OF Section 4 Of the Ordinance
Is void, 10 wit: