Lakewood Tp. v. Havens

• Decision Date: 24 February 1908
• Citation: 68 A. 1113,76 N.J.L. 169
• Parties: LAKEWOOD TP. v. HAVENS.
• Court: New Jersey Supreme Court

68 A. 1113

76 N.J.L. 169

LAKEWOOD TP.

v. HAVENS.

Supreme Court of New Jersey.

Feb. 24, 1908.

(Syllabus by the Court.)

Certiorari by Robert S. Havens against the township of Lakewood to review conviction under ordinance. Conviction set aside.

Argued November term, 1907, before GARRISON, REED, and PARKER, JJ.

I. W. Carmichael, for township of Lakewood. R. Ten Broeck Stout, for prosecutor.

PARKER, J. The record brought up in this case discloses that the prosecutor was doing business as a hackman in the township of Lakewood; that under and by virtue of sections 32 and 22 of the township act of 1899 (P. L. 1899, pp. 380, 385) the township committee passed an ordinance January 19, 1907, which is now before us, providing for a license fee of $15 to be paid for each hack, omnibus, stage, or other carriage or vehicle used for the transportation of passengers within the limits of said township, prohibiting the use of any such vehicle unless the license fee i therefor had been paid, and providing that in case of violation the justice of the peace i before whom proceedings should be instituted and conviction should be had for such violation should determine whether the penalty should be by fine or imprisonment, and, if by fine, the same should not exceed the sum of $100, etc.

There seems to be no doubt that this ordinance was fully authorized by the terms of section 22 of the township act before cited. Atlantic City v. Crandol, 67 N. J. Law, 488, 51 Atl. 447. But the prosecutor's claim is that section 22 was repealed so far as related to the matter of licenses for hacks and public vehicles by chapter 197, Laws 1905, entitled "An act respecting licenses in cities, townships, incorporated towns, incorporated boroughs" (P. L. 1905, p. 360); and on examining into the matter we have come to the conclusion that the claim is well founded. The act of 1905 provides that it shall be lawful for the common council, board of aldermen, township committee, or other governing body of any city, township, etc., to make and establish ordinances to license and regulate hacks, cars, omnibuses, stages, and all other carriages and vehicles used for the transportation of passengers, etc., and to fix the rates of compensation to be paid therefor, and to prohibit all persons and places and vehicles unlicensed from acting, using, or being used in said capacities, and for such uses and purposes, and to fix and prescribe penalties for the violation of any such ordinance or...