Ex Parte Marshall
| Decision Date | 19 January 1918 |
| Citation | 77 So. 869,75 Fla. 97 |
| Parties | Ex parte MARSHALL. |
| Court | Florida Supreme Court |
Original application for writ of habeas corpus by A. C. Marshall. Writ denied.
Syllabus by the Court
Where a partnership composed of individuals residing in the city of Jacksonville are engaged in, and presumably licensed to do, a general business of running auto busses and other motor-driven vehicles for hire over the streets and public highways in and around said city, who, as an incident of their general business of petro-motor carriers, enter into a side contract with the commanding officer of a military encampment of United States soldiers located within a few miles of said city, by which they acquire a monopoly of conveying such military officers and soldiers back and forth between such city and such encampment at a reduced fare paid by each individual soldier carried, and by which they agree to observe such rules and regulations in the operation of such vehicles as are prescribed in such contract, under penalty only of forfeiture of such contract for noncompliance therewith, such motor vehicles or their operation not being under military control, and the United States not having any interest or ownership therein or control thereover--under these circumstances, held, that such contract was not the grant of such a franchise as will exempt such partnership from the payment of the license tax imposed by the state county, or municipality for conducting the business of petromotor carriers for hire, and held, further, that such partnership was not exempt from, but was liable for, the payment of such licenses.
COUNSEL Kay, Adams & Ragland, of Jacksonville, for petitioner.
The petitioner, A. C. Marshall, by his petition for the writ of habeas corpus filed here seeks relief from arrest by the chief of police of the city of Jacksonville under a warrant based on an affidavit charging him with operating an auto bus with a seating capacity of 12 persons on a public street of said city without having paid the license tax of $50 required by Ordinance No. C-4 of said city, approved August 13, 1917.
The petition alleges that on November 21, 1917, your petitioner as manager of Orange Belt Auto Line, a copartnership composed of himself and K. C. McCullogh obtained from Fred L. Munson, Lieutenant Colonel Quartermaster Corps, the commanding officer of the quartermaster camp located at Camp Johnston, near Jacksonville, Fla., a franchise and permit to maintain a satisfactory auto bus service between said city and said camp, the same being granted in consideration of certain enumerated conditions and regulations therein prescribed by the said commanding officer with reference to the character of equipment, character of service, precautions to be observed, route to be traversed, fares to be charged, etc all of which will more fully appear by a copy of said franchise hereto attached, marked Exhibit C as follows:
November 21, 1917.
'Mr. A. C. Marshall, Manager Orange Belt Auto Line, Jacksonville, Fla.--Dear Sir:
'This is to certify that you are authorized to maintain a satisfactory auto bus service between the city of Jacksonville and Camp Joseph E. Johnston, Fla.
'That in consideration of this privilege, you have agreed in writing to abide by the following enumerated conditions, viz.:
'(a) To run only first-class cars driven by competent and reliable chauffeurs.
'(b) That during the construction of the camp you will cause your chauffeurs to drive slowly and carefully through the congested streets of the camp, and that your cars will in no way interfere with the working traffic of the constructing quartermaster or of his building contractors.
'(c) That you, personally, will be held liable for any injury to persons or animals or to damage caused other vehicles that may become injured or damaged on the camp reservation through the faulty or careless driving of any of your chauffeurs.
'(d) That the termini of the route will be the vicinity of the Mason Hotel, corner Julia and Bay streets, Jacksonville, Fla., and the clubhouse at Camp Johnston.
'(e) That the fare will not exceed 40 cents per one way trip, nor more than 75 cents per round trip.
'(f) That so long as you abide by all of the above-named conditions you will be authorized to continue your bus service for at least six months following the completion of the electric car line from Ortega to the camp.
'(g) That a noncompliance with any or all of the said conditions may cause a forfeiture of the privilege of operating your bus service within the camp reservation.
'Lt. Col. Q. M. Corps.'
Indorsement:
'I have carefully read the above letter and do hereby agree to comply with all of its requirements to the best of my ability.
'[Signed] A. C. Marshall,
'General Manager Orange Belt Auto Line.'
That on December 24, 1917, pursuant to said franchise and permit, which was duly accepted by your petitioner as appears by the indorsement thereon the said commanding officer promulgated General Order No. 33, prescribing further regulations under which said bus service shall be operated by petitioner and enjoyed by the officers and enlisted men of the United States government stationed at said camp, which order is as follows:
'Headquarters Camp Joseph E. Johnston,
'Jacksonville, Fla., December 24, 1917.
'1. A contract has been entered into between the commanding officer and the Orange Belt Auto Line under the management of Mr. A. C. Marshall. All cars operating under the management of this company are marked 'O. B. A. L. Govt. Controlled.'
'2. Under his contract Mr. Marshall guarantees to use only first-class equipment to be driven by competent and experienced chauffeurs. These chauffeurs will hold a certificate of service signed only by Mr. Marshall. The questions of speed and the overloading of cars are fully covered in the contract.
'3. Every effort has been made by this office to safeguard the limbs and lives of all men of this command who may enter any car licensed to operate between the camp and the city of Jacksonville.
'4. In view of the above all officers and enlisted men are warned against entering any car after the chauffeur thereof has informed them that there is no further room. The last man or men to enter a car after its authorized seating capacity has been reached are the offenders, and must at once leave said car upon being asked to do so by the chauffeur. It shall be the duty of any officer or noncommissioned officer, who may be either inside or near a car, to order off and keep off any surplus passengers when appealed to for assistance by the chauffeur.
'5. In case a car is overloaded and the offending man will not get off upon request by the chauffeur, said chauffeur has orders to hold his car at a standstill until the offender leaves said car.
'6. Any chauffeur who allows his car to be overloaded or who fails to stop at the gate upon being ordered to do so by the gate guard, or fails to obey the letter as well as the spirit of this order, will be excluded from entering this camp for a period of six (6) months, or his car will be excluded for same period or both.
'7. In order that all men of this camp may enjoy a fairly equal opportunity of getting accommodations in the various authorized busses, on and after the 25th instant, the starting point of one-third of the busses will be from the junction of old brick road and Twelfth street, north of Y. M. C. A. No. 2; one-third from junction from brick road and Sixth street; and one-third from Hostess House (old clubhouse).
'8. All cars starting from camp from these three points will be plainly marked Twelfth Street, Sixth Street, and First Street, respectively. All cars so marked will deliver their passengers as far in the camp as said passengers desire to go, but all Sixth and Twelfth Street cars must arrive at their respective stations on the return trip to Jacksonville empty.
'9. The Twelfth Street bus line is primarily intended for the accommodation of the troops living in blocks, H, J, K, and L; Sixth Street line for blocks, D, E. F and G; and First Street line for Headquarters, Hostess House and blocks A, B, and C.
'10. A strict compliance with the terms of this order on the part of all concerned will result in better service, contentment and safety.
'J. H. Spengler,
'Captain Q. M., U.S. R., Adjutant.'
That in addition to the regulations set forth in said original franchise of November 21, 1917, and in said General Order No. 33, the said commanding officer made other requirements and regulations of said bus service rendered by your petitioner, the aforesaid franchise, and the conditions under which the same were to be enjoyed by petitioner were fully confirmed and authorized by the said commanding officer, a copy of the said confirmation, together with petitioner's acceptance thereof, is attached to the petition, marked Exhibit E, as follows:
'Headquarters Camp Joseph E. Johnston,
'Jacksonville, Fla., January 5, 1918.
'Mr. A. C. Marshall, Manager Orange Belt Auto Line, Jacksonville, Fla.--Dear Sir:
'I have deemed it advisable to confirm the privilege granted to you under date of November 21, 1917, for the maintenance of a bus service between the city of Jacksonville and Camp Joseph E. Johnston, pursuant to the modifications thereof ordered or authorized by me since the date of same, and to that end, I hereby certify and confirm that you have been authorized by me to have the exclusive right and privilege to maintain a satisfactory...
To continue reading
Request your trial
-
Hughes Transp. v. United States
...bore a reasonable relation to highway preservation and the safety of the passengers carried over its roads. See also Ex parte Marshall, 1918, 75 Fla. 97, 77 So. 869, L.R.A.1918C, In the instant case the contract of carriage involved the transportation of property belonging to the federal go......
-
State v. Wiles
...as they please, or necessarily, or impliedly do away with the power of supervision and control inherent in the state.' The case of Ex parte Marshall, supra, is an instructive interesting one. During the World War, a military encampment of United States soldiers was located near Jacksonville......
-
North Dade Water Co. v. Florida State Turnpike Authority
...over the same land in behalf of another corporation. * * *' 2 Nichols, Eminent Domain, § 5.75 (3d ed: 1950). See, also, Ex parte Marshall, 75 Fla. 97, 77 So. 869, L.R.A.1918C, 944; Day v. City of St. Augustine, 104 Fla. 261, 139 So. 880; State ex rel. Watkins v. Fernandez, 106 Fla. 779, 143......