Racine v. District Court of the Tenth Judicial District
Racine v. District Court of the Tenth Judicial District
Opinion of the Court
This is a petition for a writ of prohibition praying that this court issue its writ prohibiting the district court of the tenth judicial district from taking any further proceedings upon a criminal complaint against the petitioner now pending in said court; in which complaint the petitioner is charged with the violation of a certain ordinance of the city of Pawtucket.
The essential allegations of the complaint against the petitioner, now pending in the district court of the tenth j udicial district are as follows: That on the 14thday of June, 1916, the respondent, who is the petitioner here, “did engage in the business of transporting in the city of Pawtucket passengers for hire by means of a motor vehicle, not running on tracks or rails, and operated for the purpose of street transportation similar to that ordinarily afforded by street railways by accepting and discharging passengers along the *477 route traversed by said vehicle without first obtaining from the city clerk of said city a special annual license for such motor bus.” Said complaint clearly seeks to charge the petitioner with a violation of the provisions of Section 1, Chapter 139 of the Ordinances of the city of Pawtucket, approved February 25, 1916. Said section is as follows: “Section 1. On and after the first day of May, A. D. 1916, no person shall engage in the business of transporting in the .city of Pawtucket passengers for hire by means of any motor vehicle, not running on tracks or rails, and operated for the purpose of affording a means of street transportation similar to that ordinarily afforded by street railways by accepting and discharging passengers along the route traversed by such vehicle, without first obtaining from the City Clerk of said city a special annual license for each vehicle to be employed by such person in said business, and unless such license for such vehicle is in force. Such vehicle so employed in said business is termed a motor bus, and is not deemed a hackney carriage, but is a vehicle subject to all street traffic regulations so far as applicable and consistent herewith. ”
In adopting said ordinance the city council of Pawtucket undoubtedly considered that they were acting in conformity with the authority given by Section 1, Chapter 1263 of the Public Laws, approved April 24, 1915; which section is as follows: “Section 1. The city or representative council of each city and the town council of each town by ordinance may provide that no person shall engage in the business of transporting in such city or town passengers for hire by means of any motor vehicle, not running on tracks or rails, and operated for the purpose of affording a means of street transportation similar to that ordinarily afforded by street railways by accepting and discharging passengers along the route traversed by such vehicle, without first obtaining a special annual license for each such vehicle to be employed by such person in said business from the board of aldermen of such city having such board, otherwise from the city council thereof, or from the town council of such town, in which *478 said business is to be conducted, or from such officer, board or commission therein as the city council, representative council or town council thereof may prescribe. Such a vehicle so employed is hereby termed a motor bus, and shall not be deemed a hackney carriage, but shall be a vehicle subject to all street traffic regulations in any city or town in which it is operated so far as applicable and consistent herewith.”
The petitioner contends that said ordinance is invalid. He urges that, in accordance with said Section 1 of the Public Laws, in a city having a board of aldermen, the power to grant the licenses referred to can only be conferred by ordinance upon such board of aldermen. And that the city council of Pawtucket in providing in said ordinance that such license shall be obtained from the city clerk of said city has exceeded the authority given to it by the General Assembly.
The contention of the petitioner is based upon the construction which he gives to the language of said Section 1 of the Public Laws, which provides that the city or representative council of each city and the town council of each town may provide by ordinance that the license in question shall be obtained from the “board of aldermen of such city having such board, otherwise from the city council thereof, or from the town council of such town, in which said business is to be conducted, or from such officer, board or commission therein as the city council, representative council or town council thereof may prescribe. ” The construction which he gives to the language quoted, in so far as it relates to this case, is, that in cities which have a board of aldermen any ordinance, adopted in conformity with the act, must provide that such license shall be obtained only from the board of aldermen and that an ordinance providing that the license be obtained from such officer, board or commission therein as the city council or representative council may prescribe can be adopted only in a city which does not have a board of aldermen. This construction appears to us to be contrary to *479 the plain intent of the language and leads to results which we may well assume were never intended by the General Assembly. All of the cities of the State in accordance with their charters have boards of aldermen, except the city of Cranston, which has only a city council. The city of Newport does not have a city council, but does have both a representative council and a board of aldermen. The construction adopted leads to the result that, except as to Cranston, in all the cities of the State, where the size of the city and the great bulk of municipal business would make it particularly desirable that the granting of such licenses should be delegated to an executive officer or commission, the license may be issued only by the board of aldermen; but that in Cranston and in all the towns of the State such licenses may be obtained from the city council or the town council or from such officer, board or commission therein as the city council or town council thereof may prescribe. This construction makes a discrimination between the different pities and towns of the State, which we must assume the General Assembly did not intend as it is a discrimination without reason.
Furthermore, such construction leads to the result that under any ordinance adopted in Newport, which alone of the cities of the State has a representative council, the license should be obtained only from the board of aldermen, because the city has such a board; but also the statute would present the inconsistent provision that an ordinance may be adopted in Newport which will provide that a license may be obtained from such officer, board or commission in Newport as the representative council of that city may prescribe; and the statute contains no limitation or proviso reconciling these inconsistent provisions.
We are of the opinion that the petition should be denied and dismissed.
Petition denied and dismissed and restraining order vacated.
Reference
- Full Case Name
- Wilfred J. Racine vs. District Court of the Tenth Judicial District Et Al.
- Cited By
- 8 cases
- Status
- Published