State ex rel. Board of Railroad Commissioners v. Holdcroft
Decision Date | 28 September 1928 |
Docket Number | 38674 |
Citation | 221 N.W. 191,207 Iowa 564 |
Parties | STATE OF IOWA ex rel. BOARD OF RAILROAD COMMISSIONERS, Appellant, v. W. J. HOLDCROFT et al., Appellees |
Court | Iowa Supreme Court |
REHEARING DENIED JANUARY 23, 1929.
Appeal from Woodbury District Court.--C. C. HAMILTON, Judge.
Suit in equity, brought by the State of Iowa upon the relation of its board of railroad commissioners against the defendant Holdcroft, to enforce the orders and decrees of said railroad commission and to enjoin the defendant from unlawfully using the highway as a motor carrier for public service in violation of the orders of such commission. The answer of the defendant was in the nature of a demurrer, and challenged the right of the state to maintain a suit in equity to enjoin the commission of a criminal offense. No dispute of fact is presented. At the close of plaintiff's evidence, the trial court sustained the defendants' motion to dismiss the petition, and judgment was entered accordingly. The plaintiff appeals.
Reversed.
Dwight Lewis, Stephen Robinson, Maxwell O'Brien, O. T Naglestad, and A. D. Clem, for appellant.
Griffin Griffin & Griffin and A. L. Calderhead, for appellees.
It appears from the record that the defendant Holdcroft, on and prior to May, 1925, and ever since, was and is engaged in rendering public service as a motor carrier upon the public highway between Sioux City and the town of Sloan; that, in May, 1925, he filed an application with the commission for a certificate, as provided by Chapter 5, Acts of the Forty-first General Assembly; that, upon hearing, such application was denied; that, in August, 1925, he presented a second application to like effect, and this was denied; that said defendant has at all times since disregarded the order of the commission, and has continued his public service as a motor carrier upon said highways at all times in violation of the statute. The defense was predicated upon the broad ground that the acts charged against the defendant were mere violations of the statute, and not of the order of the commission; that they were defined by the statute as misdemeanors, and punishable as such; that, in the absence of an express statute authorizing the suit, the State could not maintain a suit in equity to restrain the commission of a crime; that there is no express statute which authorizes a suit in equity for such purpose. Such contention of the defendant's was sustained by the ruling of the court.
Jurisdiction is conferred upon the railroad commission to regulate and control motor carriers in the use of public highways by Chapter 5, Acts of the Forty-first General Assembly. Section 4 of such chapter makes it unlawful for "any motor carrier to operate or furnish public service within this state without first having obtained from the commission a certificate," etc. Section 18 of the same chapter fixes a punishment for the violation thereof as a misdemeanor. Section 7874, Code of 1924, provides as follows:
We shall have occasion to consider only the question whether there is statutory authority for the maintenance of this suit in equity. The argument for appellee is predicated wholly upon the theory that there is no such statutory authority.
Section 7883, Code of 1924, provides as follows:
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State ex rel. Bd. of R.R. Com'rs v. Holdcroft, 38674.
...207 Iowa 564221 N.W. 191STATE EX REL. BOARD OF RAILROAD COM'RSv.HOLDCROFT ET AL.No. 38674.Supreme Court of Iowa.Sept. 28, 1928 ... Appeal ... in equity, brought by the state of Iowa, upon the relation of the board of railroad commissioners, against the defendant, Holdcroft, to enforce the orders and decrees of said railroad commission ... ...