Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-01-12
COURT DECIDES
AGAINST TRUCK
OWNERS OF CITY
283 Cases Involved Where De-
PENDANTS Had No State
License.
INTEREST STATE WIDE

Special Judge Frank A. Symmes IN
g. court today ruled in 2S2 cases
IRE the defendants were charged with
not having a State automobile truck
license. The court held the law con
stitutional and stated that charges
against drivers of the trucks would be
continued indefinitely, but that the court
would fine each of the truck owners who
were defendants in the case. The fines
will vary from s. and costs to $50 and
costs according to the number Of trucks
the defendant owns. This, Judge
Symmes said. was done as the court did
not believe that the man who owned a
few trucks should be fined as heavy as
the man who owned a large number.
Tuesday morning was set as the day
when the court would mark officially the
action in each ease on the affidavits. The
time being given to determine just which
of the defendants are owners and which
of the 282 are drivers employed by the
truck owners The appeal bond in each
case was set at 500, and the cases will be
appealed to Criminal Court.
WHAT COURT
RULING MEANS.
The ruling Of the court means that
fines will be assessed against about
y
thirty are owners. These men are mem
bers Of the Indiana Transfer and Ware
House Association which is affiliated
with the national organization Of Com
mercial Haulers. The council for the
defendants was J. Fred Masters, and [.
u Wiley.
The case has attracted wide attention
because of the bitter fight made against
skkhe law by owners Of automobile trucks,
So the large revenue that the State
F~@5uld receive If the law is held constitu-
! tional. The original INV was passed in
1913, and in 1919 the schedule of fees was
amended, and then the legal fight really
( started. These fees were from $500 to
$40, according to the size of the truck
and the schedule Of fees was again
amended in 1921. Following that the po-
lice made the series Of arrests which re-
! suited in the large number of defendants
being brought into city court on charges
Of failing TO obtain a State truck license
The legal battle dragged over months and
early in December the case was sub
mitted to Special Judge Symmes on a
statement Of facts" which briefly was
an admission by all defendants that they
did not have the State truck license but
commended that the law was unconstitu-
tiOnal.
DEFENSE PLEAS
OUTLINED.
The attorneys for the defense filed a
brief in the ease setting out seven reasons
why they commended the law was uncon-
stftutiOnaI. These reasons briefly We're
The title of the act provided for regis
tratiou and regulation Of automobiles
and licensing Of chaufeurs and not IL
censing Of automobiles The attorneys
claimed there was undue discrimination
in favor Of manufacturers and dealers
as they could pay So and obtain twenty
five license plates and haul what they
wanted too. The law they claimed ex-
empted funeral cars which they contended
were commercial vehicles They further
contended that the act of 1919 never was
| passed. the records showing the bill
a passed the House, was amended in the
&TMA gate, but that the conference report was
.ss er adopted They pointed out that
"A here was no penalty provided, the pen
#alty for section thirteen being provided
by section six which covered fees for
trailers." The defense further claimed
that the other sections of the act were
repealed by the amendment Of 1921. The
defense also claimed that it was class
legislation" as the theory Of the act was
that the law should apply to owners Of
automobiles.
Judge NNIuueS ruled against the ne
Tense in all but the section of the 1921
amendment which fixes penalties for
"trailers," and he declared he believed
that section was invalid, but held that
this one section being invalid does not
invalidate the other provisions.
bitter word battle was waged by the
attorneys for the defense in contending
that funeral cars were commercial cars
and should not be exempted by the law
Mr.. Masters stated the law lacked one
vote Of passing and that an undertaken
refused 20 vote for it until after the
funeral cars had been placed on the
exempted list. Judge Symmes declared
the Legislature had defined what an au-
tomobiIe truck really was ana that it
had the right to not include a funeral
car in its definition Of an automobile
truck
The court further ruled that it was
his opinion that the secretary Of State
was the proper official to determine the
capacity of the automobile trucks and
therefore the amount Of the State license
paid by each owner.
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