Opinion Of The Justices., 3665a.
| Court | Supreme Court of New Hampshire |
| Citation | 51 A.2d 836 |
| Docket Number | No. 3665a.,3665a. |
| Parties | OPINION OF THE JUSTICES. |
| Decision Date | 11 March 1947 |
51 A.2d 836
OPINION OF THE JUSTICES.
No. 3665a.
Supreme Court of New Hampshire.
March 11, 1947.
Proceeding in the matter of Opinion of the Justices on questions submitted by the House of Representatives concerning an act relating to the power of cities to install parking meters.
Questions answered.
The following resolution adopted by the House of Representatives at the present session of the General Court on February 18 was received February 20, 1947:
‘Whereas, There is pending before the House, House Bill No. 193, An act relating to the power of cities to install parking meters; and
‘Whereas, There have arisen certain questions as to the constitutionality and legal effect of this proposed legislation;
‘Resolved, That the Justices of the Supreme Court be respectfully requested to give their opinion upon the following questions of law:
‘1. Is House Bill No. 193 constitutional?
‘2. May fees be charged by cities and towns through the installation of parking meters, in excess of the cost of purchase, maintenance and policing such meters?
‘3. May such excess revenue be devoted to the purposes prescribed in section 2 of the bill, including use on streets on which meters are not located?
‘4. Does the installation of parking meters impose such an additional burden or restriction on the underlying fee of the abutting owner on the street front that some provision must be made in this bill for further compensation to such owner for an additional taking of his property?
‘5. If the answer to question 4 is in the affirmative, may the General Court constitutionally dispense with the requirement of compensation by an added provision to the bill declaring that the installation and operation of parking meters is recognized as a public purpose and by defining the operation of such meters as within
the terms of existing highways easements?
‘Further Resolved, That the Speaker transmit a copy of these Resolutions and of House Bill No. 193 to the Clerk of the Supreme Court for consideration by the Court.’
The following answer was returned:
To the House of Representatives:
The undersigned Justices of the Supreme Court make the following answers to the inquiries contained in your Resolution of February 20, 1947:
1. ‘Is House Bill No. 193 constitutional?’
This bill takes the form of an enabling act by which cities are authorized to install parking meters on any street and to establish reasonable charges for parking to be paid through such meters. We, therefore, construe this inquiry as a request for advice upon the general question of the constitutionality of laws authorizing the installation and use of parking meters, without regard to the incidental questions which may arise under particular enactments. Upon this question there is some difference of opinion among the courts which have had occasion to consider it, but the great weight of authority appears to sustain the validity of such enactments, and we consider the reasoning of the majority in such cases as Opinion of the Justices, 297 Mass. 559, 8 N.E.2d 179, and Cassidy v. Waterbury, 130 Conn. 237, 33 A.2d 142, to be of convincing weight.
The control which the State may exercise over the use of its highways is practically unlimited. Ever since the case of State v. Sterrin in 1916, it has been the established law of this State ‘that the operation of an automobile upon the public highways is not a right, but only a privilege which the state may grant or withhold at pleasure * * * and that what the state may withhold it may grant upon condition.’ State v. Sterrin, 78 N.H. 220, 222, 98 A. 482, 483. This principle has been repeatedly restated and reaffirmed in succeeding cases. Opinion of the Justices, 81 N.H. 552, 120 A. 629; Tirrell v. Johnston, 86 N.H. 530, 171 A. 641; Rosenblum v. Griffin, 89 N.H. 314, 319, 197 A. 701, 115 A.L.R. 1367; State v. Cox, 91 N.H. 137, 141, 16 A.2d 508; Continental Insurance Co. v. Charest, 91 N.H. 378, 381, 20 A.2d 477; St. Regis Paper Co. v. Board, 92 N.H. 164, 172, 26 A.2d 832. In Continental Insurance Co. v. Charest, supra [91 N.H. 378, 381, 20 A.2d 479], the rule was stated as...
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