Ex Parte Battis

• Decision Date: 22 December 1898
• Parties: Ex parte BATTIS.
• Court: Texas Court of Criminal Appeals

48 S.W. 513

Ex parte BATTIS.

Court of Criminal Appeals of Texas.

December 22, 1898.

Appeal from district court, Tarrant county; Irby Dunklin, Judge.

Charles Battis sued out a writ of habeas corpus, and was remanded, and he appeals. Discharged.

Wilson Gregg, for relator. W. D. Williams, for respondent.

HENDERSON, J.

Relator was arrested for an alleged violation of a city ordinance, and sued out a writ of habeas corpus before the district judge, who, after hearing the evidence, remanded the prisoner, and he prosecutes this appeal.

The complaint is as follows: "In the Name and by the Authority of the City of Ft. Worth. In the City Court. Before the undersigned authority, this day personally appeared L. P. Moore, who, being duly sworn, upon oath deposes and says that on the 17th day of November, 1898, and before the filing of this complaint, one Charles Battis, within the corporate limits of the city aforesaid, who was then and there using a certain street carriage and hack for the purpose of conveying passengers from one part of the city to another for hire, and who did then and there stop, stand, and detain said carriage and hack on Main street, of said city, when not actually engaged in receiving and delivering passengers and goods and merchandise, in violation of the ordinances of said city in such cases made and provided, contrary to the law of the state of Texas, and against the peace and dignity of the city of Ft. Worth," etc.

The portions of the charter of the city of Ft. Worth introduced in evidence are as follows: Section 53 provides that the city council, among other things, shall have power "to prevent the encumbering of the streets, alleys, sidewalks and public grounds with carriages, wagons, carts, hacks, buggies, or any vehicle whatsoever." Sp. Laws 1889, p. 76. Section 53a provides that the city council shall have power "to license, tax and regulate hackmen, draymen, omnibus drivers, baggage wagon drivers and drivers of vehicles of every kind, * * * and to regulate stands for vehicles," etc. Sp. Laws 1891, p. 16. The ordinance passed by the city of Ft. Worth under said provisions of the charter is as follows: Chapter 7, art. 55: "Any person or persons owning or using any street carriage, hack or other vehicle for the purpose of conveying passengers, goods, wares or merchandise from one part of the city of Ft. Worth to another, for hire, who shall stop, stand or detain any such carriage, hack or vehicle on Main or Houston streets, or upon any cross streets running east and west between said Main and Houston streets, commencing with Weatherford street on the north, and ending with Seventh street on the south, or in front of any public hotel in said city, except when actually engaged in receiving or delivering passengers, goods, wares or merchandise, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than five nor...