Masters v. Cobb

• Decision Date: 06 July 1933
• Citation: 149 So. 337,111 Fla. 267
• Parties: MASTERS v. COBB, Chief of Police.
• Court: Florida Supreme Court

149 So. 337

111 Fla. 267

MASTERS v. COBB, Chief of Police.

Florida Supreme Court, Division B.

July 6, 1933

Error to Circuit Court, St. Lucie County; Elwyn Thomas, Judge.

Petition by R. A. Masters for a writ of habeas corpus to T. J. Cobb as Chief of Police of the City of Fort Pierce. Judgment denying the writ and remanding petitioner to defendant's custody, and petitioner brings error.

Reversed with directions.

COUNSEL Alto Adams, of Fort Pierce, for petitioner.

OPINION

BUFORD Justice.

This case is before us on writ of error to the circuit court of St. Lucie county to a judgment denying writ of habeas corpus and remanding petitioner to custody of chief of police of the city of Fort Pierce.

The petition shows that the petitioner was a driver of a truck operated by Farris & Co., meat packers of the city of Jacksonville, in the delivery of the meats sold by that company to its customers in the cities along the east coast of Florida and particularly to merchants within the city limits of Fort Pierce. That petitioner had been arrested and was restrained of his liberty for violating subsection 9 of section 1040 of the City Code of the city of Fort Pierce which reads as follows:

'Trucks and vehicles, doing business with, selling and/or delivering from, to merchants and others, not otherwise licensed--$25.00.'

The most that can be made out of the allegations of the petition is that the petitioner was charged with violating an ordinance providing for the payment of license, and that he contended that the ordinance could not apply to him because he was the driver of a truck which was a motor vehicle belonging to Farris & Co., wholesale meat dealers in Jacksonville, and that the truck was being used in the business of Farris & Co. in the delivery of their merchandise to their customers, and that the city of Fort Pierce could not impose a license tax upon such truck because to do so would violate the provisions of section 1013, Rev. Gen. St., section 1287, Comp. Gen. Laws.

The petition is sufficient to show prima facie right of the petitioner to the writ of habeas corpus. See State ex rel. Harris v. Quigg, 86 Fla. 51, 96 So. 8.

Under the statute above referred to, unless the city be otherwise empowered by the provisions of its charter, a municipality is prohibited from imposing a license tax on the use of motor-driven trucks which are used for the purpose of merely delivering goods, wares,...