Napman v. People

• Decision Date: 27 October 1869
• Citation: 19 Mich. 352
• Court: Michigan Supreme Court
• Parties: John Napman v. The People

19 Mich. 352

John Napman v. The People

Supreme Court of Michigan

October 27, 1869

Heard October 27, 1869 [Syllabus Material]

Certiorari to the Recorder's Court of the City of Detroit.

John Napman was charged before the Recorder's Court of the City of Detroit on the complaint of Patrick Keenan "that at the City of Detroit, aforesaid, on the seventeenth day of April, A. D. one thousand eight hundred and sixty-eight, within the corporate limits of said city one John Napman, a duly licensed omnibus agent, on the arrival of railroad cars in the city of Detroit, did then and there unlawfully and willfully approach within twenty feet of the depot, when said cars had stopped running, within fifteen minutes thereafter, said John Napman, omnibus agent as aforesaid, not being requested by any person to remove any trunk or other baggage from said depot, to the evil example of all others in like case offending, and contrary to the ordinances of said city of Detroit, in such case made and provided.--(Sec. 8, Chap. 88, title 12, p. 190, of Rev. Ord. of 1868.)

Section eight, of chapter eighty-eight, entitled "Of Porters and Runners," is in the following words:

"No porter, runner, hackman, draymen, city express men, omnibus agent, omnibus driver, driver of baggage, or other persons acting as porters or runners for hotels, so licensed as aforesaid, shall, on the arrival of any steamboat, or railroad cars in the city of Detroit, for a period of fifteen minutes thereafter, go upon or approach within twenty feet of the wharf or depot where such steamboat or railroad cars have made fast or stopped running, or are about to make fast or stop running, unless such porter, runner, hackmen, draymen, city express men, omnibus agent, omnibus driver, or driver of baggage, be requested by a passenger to remove some trunk or other baggage from said wharf or depot, in which case it shall be lawful to go near, in or upon such steamboat or depot for such purpose, under a penalty not to exceed five dollars, in the discretion of the Court, and costs of prosecution, for every such offense."

The Recorder before whom the cause was tried certifies his finding of the facts:

"On the trial of this case all objection to the form of the complaint was waived; and it was admitted that the defendant at the time mentioned in the complaint, was a licensed omnibus driver.

"Besides the Omnibus Company, with its drivers and agents, there are in the City of Detroit many hackmen, city express men, porters and runners for hotels. To permit them all to go into the railroad depots immediately upon the arrival of trains to offer their services and solicit patronage, would naturally create great confusion and bewilderment, and be very annoying, embarrassing and harassing to passengers. The Ordinances under which this complaint is made having a tendency to prevent these evils, I find to be (if, and so far as it is a question of fact) reasonable.

"By an agreement between the Detroit & Milwaukee Railroad Company and the Omnibus Company, the drivers and agents of the latter, and they alone are authorized and permitted to go within the depot of the former, immediately on the arrival of any train, to invite passengers to ride in...