Huston v. City of Des Moines

• Decision Date: 11 March 1916
• Docket Number: 30734
• Citation: Huston v. City of Des Moines, 176 Iowa 455, 156 N.W. 883 (Iowa 1916)
• Parties: BERNARD HUSTON, Appellant, v. CITY OF DES MOINES et al., Appellees
• Court: Iowa Supreme Court

156 N.W. 883

176 Iowa 455

BERNARD HUSTON, Appellant, v. CITY OF DES MOINES et al., Appellees

No. 30734

Supreme Court of Iowa, Des Moines

March 11, 1916

REHEARING DENIED WEDNESDAY, JUNE 28, 1916.

Appeal from Polk District Court.--HUBERT UTTERBACK, Judge.

ACTION to test the validity of a statute and an ordinance of the defendant city licensing and regulating what are known as "jitneys."The trial court sustained both, and plaintiff appeals.

Affirmed.

A. D Pugh, for appellant.

H. W Byers, Eskil C. Carlson and Earl M. Steer, for appellee.

Wm. Chamberlain, Amicus Curiae.

OPINION

DEEMER, J.

The last general assembly (36th) passed an act authorizing cities and towns to regulate "jitney" busses.This act read as follows:

"Cities and towns including cities acting under the commission form of government, and cities acting under special charter, shall have power to regulate and license so-called 'jitney' busses, and all motor vehicles operating upon the streets and avenues of such cities and towns and engaged in carrying passengers for hire, on a plan similar to that followed by street railway companies; to fix and determine the streets and avenues upon which they shall be permitted to operate; to require such vehicles to be operated over reasonable routes, and upon reasonable schedules; to require the owners or operators thereof to file with such city or town, a proper indemnity bond for the protection of the city or public against damages resulting from negligence in the operation of such vehicles; and to impose penalties within the limits of Section 680 of the Code for the violation of any ordinance enacted hereunder.Provided that 'jitney' busses shall not be excluded from streets on which street cars are allowed to operate."Sec. 754-a, Supplemental Supplement to the Code, 1915.

Prior to the adoption of this act, there seems to have been no limitation upon the business, and many such busses were in operation upon the streets of various cities of the state.Pursuant to the delegation of power found in the act of the legislature, the city of Des Moines passed a regulatory and license ordinance as follows:

"The council of the city of Des Moines ordains as follows:

"Section 1.Definitions: Unless it appears from the context that a different meaning is intended, the following words shall have the meanings attached to them by this section: The word 'street' shall mean and include any street, alley avenue, court, lane, or public place in the city of Des Moines.The words 'motor bus' shall mean and include any motor vehicle engaged in the business of carrying passengers for hire, which is held out or announced by sign, voice, or other device, or advertisement, to operate or run over a particular route, or to a particular point, or between particular points.Automobiles used exclusively for hotel busses shall not be considered motor busses within the meaning hereof.The word 'person' shall mean and include any person, firm, association and corporation.

"Section 2.No person shall operate a motor bus in the city of Des Moines without a license therefor, and no license certificate therefor shall be issued in any other than the following manner: The person desiring a license to operate a motor bus shall file with the city clerk an application therefor stating: (a) The type of motor car to be used as such bus; (b) the horsepower thereof; (c) the factory number thereof; (d)the state license number thereof; (e) the seating capacity thereof according to its trade rating.If the motor car has been adapted for use as a bus either by converting a freight-carrying truck into a passenger vehicle, or by reconstructing, modifying or adding to the body of seating arrangements of a passenger-carrying motor car, a statement of (1) its carrying capacity in pounds or tons, (2) its seating capacity as adapted, and (3) the method and material used in such adaptation, shall be added.(f) The age, name, and residence of the person to be in immediate charge thereof as driver and a statement showing that said driver has attained the age of 18 full years.(g) The termini between which such motor bus is to be operated; and (h) a schedule showing the times of departure from the termini, according to which it is intended to operate such motor bus.

"The city clerk shall promptly refer such application to the superintendent of public safety, who, at the next regular meeting of the council occurring after such filing, shall present the same to the council with his recommendation thereon.The council may grant such application as filed, or grant the same as it may be modified by said council, or if it shall find that the person named in sub-division (f) of this section is not qualified by experience or otherwise to operate such motor bus, or that the motor car described in such application is not a safe car for use as a motor bus, or that the territory between the termini described in such application is supplied with ample public motor bus transportation facilities, or that the schedule described in such application is not satisfactory, the council may deny such application.Upon the granting of such application as filed or modified, and the payment of the required license fee, the city treasurer shall issue a certificate of license to operate or cause to be operated the motor bus described between the termini and according to the schedule therein stated (or modified), and between no other termini and according to no other schedule.The termini and schedule stated in such license certificate may be altered by order of the council made upon motion, either upon application of the person holding such license, or upon the initiative of the council.

"Section 3.The license fees herein provided for are fixed as follows: For each motor bus capable of seating 5 or less persons, including the driver, $ 15 per year.For each motor bus capable of seating more than 5 and less than 8 persons, including the driver, $ 20 per year.For each motor bus capable of seating more than 7 and less than 16 persons, including the driver, $ 25 per year.For each motor bus capable of seating more than 15 and less than 30 persons, including the driver, $ 30 per year.For each motor bus capable of seating 30 persons or over, including the driver, $ 35 per year.

"Section 4.Whenever any person operating any motor bus under a license issued according to the terms of this ordinance shall plead guilty to or be convicted of the violation of any of the provisions hereof, or any of the provisions of any ordinance of the city of Des Moines, or law of the state of Iowa, relating to traffic and the use of streets, it shall be the duty of the judge of the court wherein such plea of guilty is entered or conviction had, to determine whether or not the offense involved is of such gravity that the license under which such person is operating should, in the interest of public safety, be revoked.In case such judge shall determine that such license should be revoked, he shall make his recommendation to the council of the city of Des Moines to that effect.The council shall consider and act upon such recommendation and may revoke, suspend, or continue in force such license, as it may deem proper.

"Section 5.Any person holding a license to operate a public automobile in the city of Des Moines at the time this ordinance takes effect may surrender the same and shall thereupon be entitled to credit for the value of the unexpired portion thereof, prorated according to time, in payment of a license fee hereunder.Any person operating a motor bus, as defined herein, prior to the introduction of this ordinance, under a public automobile license, who shall file an affidavit stating that he has elected to retire from business because of the adoption of this ordinance, shall be entitled to a refund of the value of his unexpired license prorated according to time; provided that said affidavit shall be made within fifteen days after this ordinance goes into effect, but after the expiration of the said fifteen days no person holding a license to operate a motor bus under the provisions of this ordinance shall be entitled to a refund or rebate thereon under any condition.

"Section 6.It shall be unlawful: (a) To drive or operate any motor bus upon or along any street unless there is outstanding a valid license for such bus; or (b) to fail, refuse, or neglect to operate a motor bus between the termini and according to the schedule stated in the application upon which the license for such motor bus was granted, except upon the surrender of such license; or (c) to drive or operate a motor bus without the city license number thereof displayed in a prominent place and in figures not less than two inches in height upon the right hand side of the body thereof; or (d) to drive or operate any motor bus while there is attached thereto any trailer or any other passenger-carrying vehicle or (e) to drive or operate a motor bus under the provisions of this ordinance while any person is standing or sitting upon any running board, step, fender, or door thereof, or while any person riding on such motor is outside of the body thereof.It shall be unlawful for said motor to carry more than one passenger in the front seat next to the driver or operator thereof; or (f) to drive or operate any motor bus upon any street unless he shall have given and there is in full force and effect at all times, while such person is driving and operating such motor bus under a license of the city clerk, an indemnity bond as surety in the sum of $ 2,000, which bond shall inure to the benefit of any person or persons who may receive bodily injuries or suffer death by reason of the negligence or misconduct on the part of the...