SCHAPPI BUS LINE, v. City of Hammond

• Decision Date: 12 March 1926
• Docket Number: No. 3668.,3668.
• Citation: 11 F.2d 940
• Parties: SCHAPPI BUS LINE, Inc., v. CITY OF HAMMOND.
• Court: U.S. Court of Appeals — Seventh Circuit

11 F.2d 940 (1926)

SCHAPPI BUS LINE, Inc., v. CITY OF HAMMOND.

No. 3668.

Circuit Court of Appeals, Seventh Circuit.

March 12, 1926.

William J. Whinery, of Hammond, Ind., for appellant.

L. L. Bomberger, of Hammond, Ind., for appellee.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.

PAGE, Circuit Judge.

Appellant, incorporated under the laws of the state of Indiana, operates three bus lines, for each of which it has a certificate of public convenience and necessity from the Public Service Commission of Indiana. With the first line, it does a purely interstate business from Sixty-Third street and South Park avenue, in the city of Chicago, Ill., into appellee, a city of Indiana. The second line does business between Calumet City, Ill., to and through appellee, and through a part of East Chicago, Ind. The third line operates over public highways within appellee. All requirements of the laws of the state of Indiana were complied with.

Appellant's bill for injunction, to restrain appellee from interfering with the operation of its busses, was dismissed. The interference consisted of 20 or 30 arrests of appellant's chauffeurs on one charge and another, but all based on alleged violations of appellee's Ordinance No. 1945. The interference consisted, also, in the exclusion of certain of appellant's busses from certain streets altogether, and of preventing them from stopping anywhere within several miles of the business center of appellee for the purpose of loading and unloading passengers in the street.

Appellee admits the charge of interference, and insists that its acts will be repeated as often as necessary to prevent the operation of appellant's busses contrary to the provisions of appellee's said Ordinance No. 1945, upon which it wholly relies for justification of its acts. It does not claim that any other rule, regulation, ordinance, or provision is violated by appellant. The ordinance reads:

"An ordinance regulating and routing certain vehicles for hire and prohibiting their use of certain streets within the city of Hammond.

"Section 1. Be it ordained by the common council of the city of Hammond, Indiana, that in order to promote public safety and order and to diminish the congestion of vehicular travel within said city, from and after the taking effect of this ordinance, it shall be unlawful for any person, firm, or corporation owning or operating any motor vehicle engaged in transporting passengers for hire, to move or run such vehicle on, upon, or over any of the following parts of streets within said city of Hammond, to-wit:

"On Hohman street, from Russell street to Michigan avenue;

"On State street, from Morton court to Calumet avenue;

"On Sibley street, from the easterly line of the right of way of the Chicago, Indianapolis & Louisville Railway Company, where the same crosses Sibley street, westerly to Morton court;

"On Fayette street, from Hohman street to Oakley avenue.

"Sec. 2. From and after the taking effect of this ordinance, it shall be unlawful for any person, firm, or corporation, owning or operating any motor vehicle carrying passengers for hire, to stop such vehicle for the purpose of receiving or discharging passengers upon any street, alley, or other public place within said city: Provided, that the board of public works may, for any period not exceeding six months or successions thereof, permit such operation on any or all of the following designated parts of streets: Columbia avenue, between the south city limits and the right of way of the Michigan Central Railroad, where the same crosses said Columbia avenue; Sibley street, from Columbia avenue to the easterly line of the right of way of the Chicago, Indianapolis & Louisville Railway Company; State Line street, from its southerly terminus to its northerly terminus, at or near the right of way of said Michigan Central Railroad aforesaid; Rimbach avenue, from State Line street to Ann street; Ann street, from Rimbach avenue to Russell street; Russell street, from Ann street to State Line street; and for vehicles engaged strictly in interstate commerce any street or other public place north of 122d street and east of Calumet avenue.

"Sec. 3. Whoever violates any of the provisions of sections 1 and 2 of this ordinance shall, upon conviction, be fined in any sum not exceeding fifty ($50.00) for each and every offense, but nothing in this ordinance shall be construed to impair the obligation of any contract to which the city is a party under which such motor vehicles are now operated for hire within said city....