State Ex Rel. Wells v. City Of Charleston Ct Al

• Decision Date: 15 December 1922
• Docket Number: (No. 4801.)
• Parties: STATE ex rel. WELLS. v. CITY OF CHARLESTON ct al.
• Court: West Virginia Supreme Court

115 S.E. 576

STATE ex rel. WELLS.
v.
CITY OF CHARLESTON ct al.

(No. 4801.)

Supreme Court of Appeals of West Virginia.

Dec. 15, 1922.

(Syllabus by the Court.)

Mandamus by the State, on the relation of R. M. Wells, against the City of Charleston and others, to compel defendants to grant plaintiff permits to operate motor vehicles for hire. Writ refused.

See, also, 114 S. E. 382.

Camp & Lilly, of Charleston, for relator.

Donold O. Blagg, of Charleston, for respondents.

[115 S.E. 577]

MILLER, J. The relator has applied for a writ of mandamus to compel respondeuts, the City of Charleston, its mayor and individual councilmen, to act favorably upon two separate applications by him for permits to operate motor vehicles for hire in said city; the first, as described in the petition, "to operate a five passenger Ford Touring Car, commonly known as and called a Jitney Bus. The same to be used for receiving, carrying and discharging passengers within the corporate limits of said city, for which a fee of ten cents is to be charged to each and every passenger": the second, as likewise described in bis other petition, to operate a fourteen passenger Ford Bus, to be used for receiving, carrying and discharging passengers within the corporate limits of said city, and for which a fee of seven cents is to be charged to each and every passenger; the only difference between the two applications being the size and capacity of the vehicles, and the rate of fare to be charged. If granted, the applicant would be limited to no specific route, or to any regulation other than the rate of charges for the services to be rendered.

In each instance petitioner predicates his right upon a certain ordinance, being an amendment and re-enactment of section 433 of the municipal code of said city, adopted on November 20, 1922, entitled: "An Ordinance to amend and re-enact the Code of Ordinances of the City of Charleston, adopted on the 19th day of December, 1921, relating to the Operation of Motor Vehicles for Hire, " as follows:

"Be it Ordained by the Council of the City of Charleston:

"That section 433 of the Code of Ordinances of the City of Charleston, adopted the 19th day of December, 1921, be and the same is hereby amended and re-enacted so as to read as follows:

"Section 433. Vehicles for hire; permit; hond. No motor or other vehicle shall be operated over any street, avenue, alley or public way within the City of Charleston, for the carriage of passengers, freight, or merchandise, for hire, until the owner or operator of such vehicle shall have first made application to and secured from the Council a permit to operate such vehicle. The application for such permit shall state the capacity of such vehicle or vehicles, the purpose for which the same is to be used, and the rates proposed to be charged. When such permit is issued, which, in all cases the council shall issue, upon the applicant's complying with the provisions of this section, no such vehicle shall...