Curry v. Osborne
| Decision Date | 25 June 1918 |
| Citation | 79 So. 293,76 Fla. 39 |
| Parties | CURRY, Acting Chief of Police v. OSBORNE. |
| Court | Florida Supreme Court |
Error to Circuit Court, Dade County; H. Pierre Branning, Judge.
Habeas corpus proceeding by C. E. Osborne against W. B. Curry Acting Chief of Police of the City of Miami, Fla. Petitioner discharged, and the Chief of Police brings error. Affirmed.
See also, 77 So. 616.
Syllabus by the Court
Under its general welfare powers the city adopted an ordinance containing the following: Held, that the quoted provision of the ordinance forbids the use of jitneys by the public in certain streets or sections of the city without any basis therefor in matters affecting public safety, health, morals, or welfare; and that it is therefore arbitrary and unreasonable and consequently invalid.
COUNSEL John C. Gramling and Wm. P. Smith, both of Miami for plaintiff in error.
Atkinson & Burdine and Bart A. Riley, all of Miami, for defendant in error.
Osborne presented to the circuit judge a petition alleging that he was unlawfully imprisoned by virtue of a warrant issued from the municipal court of the city of Miami alleging that the petitioner, an operator of a jitney bus, on October 24, 1917 violated section 6 of Ordinance 236 of said city, by 'then and there taking on a passenger upon and along Twelfth street, said street now being traversed by street car tracks over which street car service is maintained, and within seven hundred feet of said street car tracks, and did thereafter discharge the said passenger upon and along Twelfth street, said street now being traversed by street car tracks over which street car service is maintained, and within seven hundred feet of said street car tracks, contrary to and against the ordinance'; that the imprisonment is illegal because, among other reasons, the ordinance is unjust, arbitrary, and unreasonable. A writ of habeas corpus was issued.
By return the officer sets up that the petitioner is held 'by virtue of a warrant and affidavit of complaint issued out of the municipal court of the city of Miami, a true copy whereof is attached to the petition for writ of habeas corpus.'
The court discharged the petitioner and allowed a writ of error which was taken by the officer under the statute. Section 2257, Gen. Stats. 1906, Compiled Laws 1914; Pounds v. Darling, 75 Fla. ----, 77 So. 666; Hardee v. Brown, 56 Fla. 377, 47 So. 834.
Section 6 of the ordinance referred to is as follows:
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Atlantic Coast Line R. Co. v. City of Gainesville
... ... 169, 65 L.Ed. 322. Municipal ... regulations not specifically authorized by statute should be ... reasonable as well as constitutional. Curry v ... Osborne, 76 Fla. 39, 79 So. 293, 6 A. L. R. 108; 19 R ... C. L. 805. As to the scope of the state police power, see ... Conger v. Pierce ... ...
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Schlesinger v. City Of Atlanta, (No. 4864.)
...Civ. App.) 195 S. W. 989; Decker v. Wichita, 109 Kan. 796, 202 P. S9. There are some decisions to the contrary: Curry v. Osborne, 76 Fla. 39, 79 So. 293, 6 A. L. R. 108; State v. Dillon, 82 Fla. 276, 89 So. 558, 22 A. L. R. 227; City of Columbia v. Alexander, 125 S. C. 530, 119 S. E. 241, 3......
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Schlesinger v. City of Atlanta
... ... Civ. App.) 195 S.W. 989; Decker v. Wichita, 109 ... Kan. 796, 202 P. 89. There are some decisions to the ... contrary: Curry v. Osborne, 76 Fla. 39, 79 So. 293, ... 6 A.L.R. 108; State v. Dillon, 82 Fla. 276, 89 So ... 558, 22 A.L.R. 227; City of Columbia v ... ...
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Schultz v. City of Duluth
...it is a privilege that may be granted, regulated, or withheld. The authorities, without a discordant note, unless it be Curry v. Osborne, 76 Fla. 39, 79 So. 293, 6 A. L. R. 108, hold that a municipality having the care and control of its streets, and the authority to look to thier convenien......