Allen v. City of Bellingham

• Court: Washington Supreme Court
• Writing for the Court: FULLERTON, J.
• Citation: Allen v. City of Bellingham, 95 Wash. 12, 163 P. 18 (Wash. 1917)
• Decision Date: 17 February 1917
• Docket Number: 13487.
• Parties: ALLEN v. CITY OF BELLINGHAM et al.

163 P. 18

95 Wash. 12

ALLEN v. CITY OF BELLINGHAM et al.

No. 13487.

Supreme Court of Washington

February 17, 1917

Department 1. Appeal from Superior Court, whatcom County; Augustus Brawley, Judge.

Action by A. L. Allen against the City of Bellingham and others. From judgment for defendants, plaintiff appeals. Affirmed.

Hurlbut & Neal, of Bellingham, for appellant.

Dan F North, Newman & Kindall, and C. W. Howard, all of Bellingham for respondents.

FULLERTON J.

This is an action brought by A. L. Allen against the city of Bellingham and others, seeking to enjoin the city named from enforcing, or attempting to enforce, an ordinance of the city regulating the carrying of passengers on its streets in motor-propelled vehicles commonly known as jitney busses. A general demurrer to the complaint was interposed which the trial court sustained. The plaintiff elected to stand on the complaint and refused to plead further, whereupon the court entered a judgment to the effect that the plaintiff take nothing by his action. From the judgment so entered, this appeal is prosecuted.

As the case is presented to this court, the sole question involved is the validity of the ordinance the enforcement of which is sought to be enjoined. The appellant attacks the ordinance, not only as a whole, but upon a number of its several provisions as well, and we have found it convenient, notwithstanding its considerable length, to set it forth in full. The ordinance is as follows:

'Ordinance No. 2543.

'An ordinance of the city of Bellingham relating to and regulating common carriers of passengers upon public streets in motor-propelled vehicles herein defined as jitney busses defining the meaning of the term 'jitney bus'; providing for the licensing of the same as well as for the licensing of the drivers thereof; prescribing prohibitions and regulations pertaining to the operation and driving of jitney busses; providing for schedules and routes of operation; providing for terminating existing licenses; and prescribing penalties for the violation of any of the provisions of this ordinance.

'The City of Bellingham does ordain:

'Section 1. Definitions.--Unless it appears from the context that a different meaning is given, the following words shall have the meaning given to them by this section.

'The word 'street' shall mean and include any street, boulevard, avenue, alley, court, lane, or public place in the city of Bellingham.

'The word 'person' shall mean and include an individual, a firm, a copartnership, a corporation, company, association, or joint-stock association.

'The word 'owner' shall mean and include the 'person' (as such word is defined in this section) making application for and to whom may be granted a jitney bus license hereunder.

'The words 'jitney bus license' shall mean a license issued to the owner authorizing the particular motor vehicle described therein to be used as a 'jitney bus' upon the particular route and schedule described in the identification card issued for such jitney bus, subject to the provisions of this ordinance.

'The words 'driver's permit' shall mean a permit authorizing the person to whom it is issued to drive upon its particular route any licensed jitney bus of which he may be the owner or authorized agent or employé of the owner, subject to the provisions of this ordinance.

'The words 'jitney bus' shall mean and include every motor-propelled vehicle not operated on tracks, used in the occupation of carrying persons for hire, operating on any street for the purpose of affording a means of transportation along any street similar to that ordinarily afforded by street railways, by indiscriminately accepting and discharging within the limits of the city such persons as may offer themselves for transportation for hire along the way, or course, on which such vehicle is used, or operated, or may be running.

'Sec. 2. From and after the taking effect of this ordinance, it shall be unlawful to operate or drive a jitney bus except upon compliance with the provisions of this ordinance. The person making application for a license to operate, or have operated, hereunder, a jitney bus shall, for the purposes of this ordinance, be deemed the owner of such jitney bus, but nothing in this ordinance contained shall be construed to impose upon such owner the duty of driving such jitney bus in person: Provided, that neither the owner, his agent or employés, shall be authorized to drive a jitney bus at any time unless the person driving such jitney bus shall be the holder of a driver's permit as herein provided: And provided further, that the duty of maintaining the schedule herein provided for shall be incumbent upon the owner, and for that purpose it shall be his duty to employ and keep employed such member of agents and employés as may be reasonably necessary for the maintenance of such schedule.

'Sec. 3. Licenses required hereunder are of two kinds: (a) One for each jitney bus; (b) one each for each of the drivers thereof. The former shall be known as 'Bellingham, Wash., Jitney Bus License No. ___, (inserting the serial number) and the latter shall be known as 'Bellingham, Wash., Driver's Permit No. ___.' For each jitney bus there shall be paid as an occupation license, or tax, the sum of five dollars per annum for each passenger seat capacity for each jitney bus. For each driver of a jitney bus there shall be paid as an occupation license, or tax, the sum of four dollars per annum for each driver's permit, and no jitney bus shall be driven by a person who shall not have first obtained a permit to drive the same as herein provided.

'Sec. 4. Application for a jitney bus license shall be made to the council of the city of Bellingham by filing the same with the city comptroller. Each such applicant shall state his name, age, place of residence, whether he has previously held a jitney bus license and, if so, where, kind of jitney bus for which license is desired, state or county license number, maker's name, manufacturer's vehicle number and motor number, maker's rated fixed seating capacity, or in each case where the seating capacity as manufactured by the original maker thereof has been reconstructed, or rebuilt, since leaving the factory, the fixed seating capacity as so rebuilt, the route or routes and the termini thereof for which a jitney bus license is desired, and the schedule proposed to be maintained, whether a bond issued and conditioned as provided by chapter 57 of the Session Laws of the state of Washington for the year 1915 has been filed with and approved by the secretary of state, and if so, giving the name and address of the principal and surety on such bond, which application shall contain upon its face the express agreement of the applicant to abide by, observe and perform each and every of the provisions of this ordinance incumbent upon him as such owner to perform; such application must be signed and sworn to before a notary public, or some other officer duly authorized to administer oaths.

'Sec. 5. Application for a driver's permit to drive a jitney bus shall be made to the council of the city of Bellingham by filing the same with the city comptroller. Each such applicant shall state his name, age, place of birth, place of residence, length of time he has resided in the city, married or single, citizen or noncitizen, last place of employment, with name and address of employer, whether he has been previously licensed as a driver, and, if so, where, and whether or not his license has ever been suspended or revoked and, if so, for what cause, how long he has been engaged in driving an automobile; whether he is the owner of the jitney bus for which permit to drive is sought, and, if so, the number of the license issued therefor hereunder, or, if a license has not been issued, a reference to the application therefor sufficient to identify such application; if the applicant is not the owner of a jitney bus for which license hereunder has been issued or applied for, the name of the owner for whom he seeks permit to drive as agent or employé, giving the jitney bus license number issued hereunder, or where none has been issued, a reference to the application therefor sufficient to identify such application.

'Sec. 6. Each applicant for a driver's permit must possess the following qualifications: He must be at least eighteen years of age. He must submit to a medical examination by the city health officer and procure from him and file with his application a certificate showing that he is free from any infirmity of body or mind which would render him unfit for the safe operation of a jitney bus, and especially such applicant shall be free from any taint of or tendency to epilepsy, vertigo, heart trouble, or color blindness. He must be able to speak the English language. He must not be addicted to the use of intoxicating liquors, opium, or any of its alkaloids. His application must be signed and sworn to before a notary public, or some other officer duly authorized to administer oaths. Each such application must be accompanied with two recent photographs of the applicant of a size which may be easily attached to his identification card, one of which photographs shall be attached to such identification card when permit is issued and the other to be filed with the city comptroller. The photograph of the licensee shall be so attached to the identification card that it cannot be removed and another photograph substituted without detection.

'Sec. 7. A driver's permit shall not be issued to drive a jitney bus until the jitney bus so to be driven shall have been licensed in accordance herewith, and upon the expiration or revocation of any jitney bus license the driver's permit therefor as to such jitney bus shall ipso

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