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eBook details

• Title: State v. Healow Et Al.
• Author : Supreme Court of Montana
• Release Date : January 01, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Automobile ? Motor Carrier Act ? Constitutionality ? Driving Motor-truck Without License ? Master and Servant ? Driver Employed by Individual Owner Subject to Penalty of Act. Automobiles ? Motor Carrier Act ? Constitutionality. 1. Held, that Chapter 184, Laws of 1931, ? the Motor Carrier Act, ? is not violative of section 23, Article V, of the Constitution, as against the contentions that, instead of dealing with the regulation of the public highways, as set forth in the title of the Act, it regulates the business of public and private carriers, and prevents competition between motor carriers and railroads, and that therefore its provisions are not germane to the subject expressed in the title. (MR. JUSTICE ANGSTMAN dissenting.) Same ? One Convicted of Violation of Act may not Question Constitutionality of Portion of Act of No Concern to Him. 2. Defendants, charged with operating an automobile truck for hire without having first obtained a certificate of convenience and necessity as required by the Motor Carrier Act, may not on appeal from the judgment of conviction question the constitutionality of the Act as to provisions which have no application to their case. Same ? Constitutionality of Motor Carrier Act Upheld as Against Contention That Act Special Legislation. 3. Held, that the Motor Carrier Act (Chap. 184, Laws of 1931) is not rendered unconstitutional as special legislation (Const., Art. V, sec. 26) by the fact that under it holders of certificates of convenience and necessity, issued under prior Acts of like tenor, are entitled to operate thereunder and are relieved of the burden of making new applications and submitting evidence to establish their right to such certificates. - Page 178 Same ? Act Held not to Confer Special Privileges and Immunities of Railways ? Constitutional Law. 4. The fact that the Motor Carrier Act, supra, declares that the board of railroad commissioners in considering applications for certificates of convenience and necessity, must give regard to the transportation service being furnished, or that will be furnished, by railroads or other existing transportation agency, does not render the Act obnoxious to section 26, Article V, of the Constitution, as conferring a special or exclusive privilege, immunity or franchise in the use of the highways upon such agencies, the matters prescribed for consideration being general in character and left to the discretion of the board. Same ? Master and Servant ? Truck Driver Employed by Individual Owner Subject to Penalty of Act. 5. Held, that the provisions of the Motor Carrier Act relating to the persons who must procure certificates of convenience and necessity before they may operate a motor vehicle for hire, are broad enough to include the driver thereof, employed by its owner to operate it (whether such owner be an individual or corporation), and that therefore, in a prosecution against owner and driver, contention that a penalty for a violation of the Act could not be imposed upon the latter, may not be sustained. (MR. JUSTICE ANGSTMAN dissenting.)

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