Ex Parte Packman

Decision Date27 June 1927
Docket NumberNo. 28244.,28244.
Citation296 S.W. 366
PartiesEx parts PACKMAN
CourtMissouri Supreme Court

Jesse E. Bishop and Victor Packman, both of St. Louis, for petitioner.

Julius T. Muench, City Counselor, and Oliver Senti, First Asst. City Counselor, both of St. Louis, for respondent

RAGLAND, J.

Habeas corpus. The petitioner was convicted in the court of criminal correction in the city of St. Louis of having theretofore, on August 24, 1926, violated section 1098 of Ordinance No. 30013, in that he had sold to one Bishop for a consideration, namely, lawful money, a street railway transfer ticket issued by the United Railways Company, a corporation operating street railways within the city of St. Louis, which transfer ticket purported to give the holder thereof the right to transfer without the payment of additional fare from one car to another, to wit, a transfer from the Olive street car line to the Bellefontaine street line. He was thereupon adjudged to pay a fine of $10 and the costs of the proceecling; not having satisfied said judgment, he is now detained and imprisoned by the respondent, the sheriff of the city of St. Louis. he asserts that his imprisonment is unlawful because the ordinance provisions which he was convicted of violating are "void, illegal, and of no force or effect." The validity of the ordinance is therefore the only question presented for determination.

The section in question and the succeeding one are as follows:

"Section 1098. It shall be unlawful for any person:

"First. To sell, barter, or exchange for any consideration whatsoever any street railway transfer ticket or other instrument issued by any person or corporation operating any street railway within the city of St. Louis, giving or purporting to give to the holder of such transfer ticket or other instrument the right to transfer, without the payment of additional fare, from one car to another car on the same line or route, or from one line or route to the car or cars operated upon another line or route.

"Second. Or for any person to give away any such transfer ticket or other instrument as aforesaid to another for the purpose of enabling, or with intent to enable, the latter to use or offer the same for passage upon any street railway car or cars.

"Third. Or for any person, to whom or for whom any such transfer ticket or other instrument as aforesaid was not issued, to use or attempt to use or offer the same for passage upon any street railway car or cars.

"Fourth. Or for any person to counterfeit any such transfer.

"Fifth. Or for any person to punch or alter or change the punching of any such transfer. "Sixth. Or for any person knowingly to make or attempt to make a round trip by use of such transfer.

"Provided, however, that nothing in this ordinance relates to nor in any manner affects the issuing of transfers by the agents or employees of any person or corporation operating a street railway to passengers thereof lawfully entitled thereto.

"Section 1099. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than $5."

The validity of the ordinance is challenged on a number of grounds. One of these, namely, the ordinance is in conflict with the Public Service Commission Law, we regard as substantial. As the others, where not wholly fanciful, take life from this one, they need not be considered.

The street railway transfer ticket referred to in...

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