City of Havre de Grace v. Johnson
Citation | 123 A. 65,143 Md. 601 |
Decision Date | 26 June 1923 |
Docket Number | 36. |
Parties | MAYOR AND CITY COUNCIL OF HAVRE DE GRACE ET AL. v. JOHNSON. |
Court | Court of Appeals of Maryland |
Appeal from Circuit Court, Harford County, In Equity; Wm. H. Harlan Judge.
"To be officially reported."
Suit by Luther W. Johnson against the Mayor and City Council of Havre de Grace and others, for an injunction restraining the enforcement of an ordinance. Decree for plaintiff, and defendants appeal. On motion to dissolve injunction. Affirmed.
Argued before BOYD, C.J., and BRISCOE, THOMAS, PATTISON, URNER, and OFFUTT, JJ.
Frederick Lee Cobourn, of Havre de Grace, for appellants.
R. H Archer, Jr., of Bel Air, for appellee.
The single question presented by this appeal is whether ordinance No. 298 of the city of Havre de Grace is a valid enactment.
The ordinance is entitled:
"An ordinance to regulate, control, and restrict the use of the streets, lanes, and alleys of the city of Havre de Grace by automobiles carrying passengers for hire,"
--and was approved on August 21, 1922. In part it provides:
The case was heard below on bill and answer on a motion to dissolve an injunction issued out of the circuit court for Harford county, and such facts as are before us are to be found therefore in the pleadings. From them it appears that the appellee is a resident of Baltimore city and a citizen of the state of Maryland, and is engaged in the business of operating automobiles for hire. He operated in 1922 three automobiles, for which he procured "hiring licenses" for which he was required to pay more than was required for a license authorizing the operation of a car for private use. Acting under "the rights and benefits" conferred by the "hiring licenses" on September 14 1922, he accepted passengers for hire in the city of Havre de Grace, and was in consequence arrested and tried, convicted and fined $20 before a magistrate on the charge of violating Ordinance 298 of the mayor and city council of Havre de Grace. He prayed an appeal from that judgment to the circuit court for Harford county, but as under the rules of that court the appeal would not be heard until November, 1922, the complainant would have been prevented from operating his cars until that time, because the defendants threatened to arrest him whenever he accepted or solicited passengers within the limits of the city of Havre de Grace except on the streets excepted from the operation of the ordinance.
In their answer the defendants say:
They also deny that the ordinance is unconstitutional or void for any reason.
A preliminary injunction as prayed in the bill was issued, and after the answer was filed the case was heard on a motion to dissolve on the bill and answer. At the conclusion of that hearing the court ordered that the preliminary injunction theretofore issued be made perpetual, and from that order this appeal was taken.
In dealing with the question thus presented we will first refer to the statutes which define and measure the complainant's right to operate automobiles for hire on the public highways of the state.
By chapter 506 of the Acts of 1920, "section 141, classification A," it is provided:
"Sixty cents per horse-power or fraction thereof in the case of all motor vehicles having pneumatic tires, with a minimum charge of ten dollars ($10.00) for any motor vehicle,"
--and by classification F, Id., it is further provided:
"One dollar and twenty cents ($1.20) per horse-power or fraction thereof in the case of all motor vehicles operating for the purpose of transporting persons for hire upon any of the public highways of this state other than motor vehicles operating on fixed schedules,...
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