Terminal Taxicab Co. v. Harding
Terminal Taxicab Co. v. Harding
Opinion of the Court
delivered the opinion of the Court:
Is this Taxicab Company an agency “for public use for the conveyance of persons or property within the District of Columbia for hire ? ” If it is, the law clothes the .Public Utilities Commission with jurisdiction to control and regulate its rates and service in the public interest. The contention is made that it is merely doing “a private livery business,” and hence that it is not within the purview of this statute. In support of this contention it is said that the company does not carry all persons indiscriminately; that the vehicle employed in a particular service is for the exclusive use of the passenger or passengers carried; that the company does not solicit patronage on the public streets, and that the service rendered at the Union Station is “a private service under the complete control of the Washington Terminal Company.”
In the exercise of the power of governmental regulation “it has been customary in England from time immemorial, and in this country from its first colonization, to regulate ferries, common carriers, hackmen, bakers, millers, wharfingers, innkeepers, etc., and in doing so to fix a maximum of charge to be made for services rendered, accommodations furnished, and articles sold.” Munn v. Illinois, 94 U. S. 113, 125, 24 L. ed. 77, 84. The word “taxicab” has come into use as aptly descriptive of a
In appellant’s amended bill it is averred that the Commission has failed to assume jurisdiction over others engaged in the same character of business, and it is here contended that “if the act is to be construed as permitting the Commission to single out the appellant company for regulation and control from among others of the same class, it is unconstitutional and void.” In the agreed statement of the case it is conceded by the Utilities Commission that it has not assumed jurisdiction over certain public hackmen and automobile livery concerns “for the reason that the Commission did not consider that they did business sufficiently large to come within the meaning of the public utilities act as construed by said Commission.”
The act does not confer upon the Commission arbitrary power. It defines a common carrier, and all answering the terms of that description are within the purview of the act. Whether or not the Commission has erred in a given case has no bearing
Decree affirmed, with costs. Affirmed.
An appeal by the appellant to the Supreme Court of the United States was allowed February 5, 1915.
Reference
- Full Case Name
- TERMINAL TAXICAB COMPANY v. HARDING
- Status
- Published
- Syllabus
- Common Carriers; Public Utilities; Automobilés. 1. A taxicab company is an agency for public use for the conveyance of persons or property within the District of Columbia for hire, within . the meaning of the act of Congress of March 14, 1913 (37 Stat. at L. 974, chap. 150), and, as such, subject to the jurisdiction of the Public Utilities Commission of the District as a public utility, where it transports passengers for hire by means of automobiles from and to a union railroad station under a contract with the company owning. the station, whereby the latter receives a portion of its gross receipts; is also under contract with hotels to furnish livery service for guests, and maintains garages from which its automobiles may be ordered by telephone'; although every customer is entitled to the exclusive use of the vehicle hired and has the right to direct the destination of the vehicle at his pleasure, and although it asserts the right to refuse to carry any person applying for a vehicle, and does not solicit patronage on the public streets. 2. Where it is claimed that the Public Utilities Commission of this District has jurisdiction over a taxicab company as a public utility under the act of Congress creating .the Commission, it is no defense to such a company which denies the jurisdiction of the Commission, that the Commission has failed to assume jurisdiction over others engaged in the same character of business; the question being, whether the company, and not another, is a common carrier.