New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1922-07-21
.BantOn to Ask
Early Decision
On Taxi Appeal
Special Sitting of Appellate
Division to Test Validity
of $500 Bond Law Is
District Attorneys Wish
Justices Uphold Measure
Freschi, Edwards, Kcrnochan
Find Owner Guilty; SuS
pend Sentence for Ruling


..-.--a.-.-a--a-
justices OF the Appellate Division
viii be asked b. District Attorney
BAn,on to-day 10 hold a special sitting
TO pass on the validity OF the taSieao
bonding law. The request will follow
the conviction yesterday OF Charles
/ Martin. a taxieab owner. OF 80 Perry
/ Street. who was arrested Jolly IA. Mar.
I'm was sentenced 20 pay a hne OF
500 with the alternative Of thirty
DAYS In the City Prison. justices
I Fresehi, Edwards and Kernochan, VINO
I imposed the sentence. suspended II
pending appeal.
Justice Freschi told Martin that II
was the courts purpose 20 uphold the
law and sustain the new amendment
20 the state highway law. which re-
quires the placing Of a bond OF $1,000
By persons operating taxieabs. in I'M.
posing sentence Justice Freschi said
/ that the court was considerate Of the
defendant because he had allowed him.
self 20 be arrested for the purpose OF
testing the law. He added that his
sentence should not be taken as a err
terion OF future sentences. Louis
I Tyroler. counsel for Martin. gave no.
tice OF appeal from the decision.
Two Justices Write Opinions
Separate opinions we're written by
justices Edwards and Fresehi, and JUS
tiee KernoehAn eoncurred with the de-
eision Of Justice Edwards, whose deei-
sion follows:
81 think the act here assailed Is
within the scope Of the police power as
defined by authority. being apt regula-
ton for the general welfare Of the use
Of property belonging to the public,
and In which all members OF the COM
munity have direct and vital interest.
II this IL 50 the legislative power Is
supreme In the premises and the wis
dom or unwisdom OF the enactment is
wholly legislative, not subject 70 Judi
cial revision even 10 the extent Of de-
termining the actual facts involved In
the operation Of the legislative mind.
ITO make the law effective its pro-
visions must be adequate TO the emer-
gency. Thus the security must con-
tinue while the danger lasts. or when
the security Is exhausted the danger
must be eliminated or new security
furnished. This seems 10 be the aim
Of the clause providing for continuing
obligations, with the provision for
termination Of liability for subsequent
fault at the election OF the surety.
Moreover. even IL II were held that
this clause is hopelessly ambiguous or
| oppressive, il seems 20 me that IL is
siderable without destruction Of the
! integrity Of the act. The result Of It's
omission would be 10 require the own
er TO renew a security which by pay
ment for past wrongs has become in
/ effective for the future. ] therefore
/ advise that the issue presented be de-
cided by verdict Of guilty"
View Of Justice Freschi
Justice Fresehi wrote as follow:
"The court may take notice that motor
vehicular traffic Is heavy in the City
Of New York and that IT Is growing
steadily, neeessitating the enactment
Of safeguards for the greater protec-
tion Of the public generally
Thirteen thousand taxicabs we're
operated in New York City in 1921. In
addition TO $4,000 other automobiles.
and there were killed and injured by
ta0icabs in the same year in this city
2,056 persons. being ratio OF TO s.
according 70 the figures OF the Police
Department, and stipulated by counsel
in this case. Furthermore. counsel
have agreed that there were killed and
injured by automobiles, other than
taxicsbs, during the same period here
1884 persons, being a ratio OF 10
%. II is plain, therefore, that when
we consider the mass OF our popula-
tion and their welfare in relation 90
the heavy traffic on our highways. the
conclusion seems irresistible that such
a legislative action is imperative. and
such law as is under consideration
is salutary and necessary. Other state
have similar ensetments in effect The
operation Of motor vehicles as com
mon carriers Of passengers for hire
and trsfficking on the public HIGHWAY
IS not an absolute right II Is merely
a privilege subject 10 reasonable con
troll Public vehiculsr traffic for hire
involving special liability requires pc.
culiar treatment and regulation. an
therefore, separate classification
cities Is justified.
This rs not uncommon in New Yor'
Control by the state having been show
10 be necessary under the activitie
affecting the public and its highway
the calling for special license on
authority is not beyond constitution
limitations. Nor do find any ai
biguity in the statute % warran.
holding that this legislation Is mo-
and void. Courts should not be prom
20 nnaul laws enacted By the rcpr
sentatives OF the people Constii
tional validity must be presumed an
the statute IL shown 10 be violstlvc q
the organic law.
s. Denies Law IL Conhseatory
The Legislature. although II mig
pronibit the use OF motor vthic r
upon the highways. has deemed !. wisc
10 forbid their use under certain e.s
clmstanees; and the requirement TIA
bond or liability insurance be sli-
nishcd by. taxicab operators Is not s2C
cisl legislation nor discriminatory.
cannot agree With counsel that 70 b.
confs-atory in any sense.
This legislation has FOR It's uf
mate purpose public safety and protec
tion against not only financial ire.
sponsibility. but. - well. against g.
many dangers incident q TIE opcl
tion o. motor vehicles for carrying &
passengers for hire. and the evils Oil
possible abuses by carriers.
"Sinee the enactment Of tho sta
N question .hcre has been flei
required BY Jaw. IN the oiheo OF ;
State Department Of Insurance.
schedule % rates FOR corporations issl
ny surety bonds j am enable 20 acre
with counsel In bic attack tat
element Of expense IN procuring o.
furnishing bond IS criterion g..
which 20 test the rcasonablencss
inis law. This docs not enter into e .c
question OF legislative power Tire
legislature rms discretion under Sc
roliee power IN this matter, and, In ms
alignment, used 10 wisely. ! bclievr
ths- used IL eonstitutionally and lar
fully, and public security makes nccc