Arenas v. Commissioner of the Interior
Arenas v. Commissioner of the Interior
Opinion of the Court
delivered the opinion of the court.
Fidel and Antonio Arenas and Fidel Vázquez filed a peti
The court ruled the respondent to show cause why the relief prayed for should not be granted. The respondent alleged that the facts stated in the petition were not sufficient to justify the issuance of the writ, admitting further on in his “answer” that the said facts were practically true and denying instead the conclusions of the petitioners. The respondent maintained that in addition to a license as: “operator” which the owner of a motor vehicle may have, he must have also a license as “chauffeur” in order to use the vehicle driven by himself for the public conveyance of passengers. After having heard both parties the court rendered judgment for the petitioners and from that judgment the respondent took the present appeal.
In his brief the respondent maintains that the district court erred in overruling the demurrer and in granting the injunction.
1. Let us examine the first error, which embraces two propositions :
(b) The appellant also contends that the allegations as to irreparable damages and multiplicity of suits are not made in the petition in the manner required by law and jurisprudence.
We agree with the appellant that the mere allegation that irreparable damages will result is! not sufficient. But in this case the petitioners alleged something more. They contended that the damages which they would suffer if prevented from continuing their public transportation enterprise would he grave, irreparable and difficult to estimate because the loss of their customers was involved.
As to the multiplicity of suits, no great mental effort is required for observing that the injunction disposes of the questions absolutely, whereas the criminal actions, if the petitioners were finally acquitted, as they were, in the appellate court, according to the statement of the appellees in their brief, could he multiplied inasmuch as their acquittal in one action would not he an absolute bar to the filing of new complaints against them.
2. The appellant contends that ‘ ‘ an operator with a license as such requires a chauffeur’s] license in order to operate and drive a motor vehicle used in the public service,” and that
Let ns examine Act No. 75 of 1916, which governs the matter. Section 1 defines chauffeur as “any person who is paid for operating a motor vehicle,” and operator as “any person who operates a motor vehicle, other than a chauffeurFrom these definitions the appellant deduces that in order that a person who drives an automobile may be authorized to receive fares from passengers in a public-s¡erviee vehicle he must necessarily hold a license as chauffeur, a license as operator not being sufficient.
In order properly to dispose of the question raised it is necessary to study the act more closely. Only persons who hold licenses as chauffeurs or operators can drive motor vehicles in Porto Eico. That is obvious. How are these licenses obtained? By means of an application accompanied by a sworn medical certificate clearly stating that the applicant is physically and mentally fitted to operate such a vehicle, after undergoing a thorough examination to test his practical knowledge and ability and after the payment of the sum of. five dollars. (Act No. 75, secs. 5 and 10.) The personal qualifications and the fees payable to the Treasury of Porto Eico are, therefore, the same for obtaining either license. What the law requires for the operation of a motor vehicle is a demonstration of the necessary ability and the payment of the sum fixed, no distinction being made between public-service vehicles and private vehicles.
Where is the distinction made? In section 10 of-the said Act No. 75 of 1916. In establishing the schedule of fees to be paid a clear distinction is made between private automobiles, which are taxed at only fifty cents or one dollar the horse-power per annum, and public-service vehicles, which are taxed at $20 annually in addition to the other prescribed fees when operating in a single municipality, and $30 when operating throughout the Island.
In view of the foregoing the appeal should be dismissed and the judgment appealed from
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.