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Show ' AUTO LIKE " UfJPHELD Judge Hands Down Opinion Idaho Measure Is Constitutional. Special to The Tribune. BOISE, Idaho, Oct. 3. The law requiring requir-ing all automobiles carrying passengers find freight to take out licenses, and exempting ex-empting machines on star routes, is held constitutional and not class legislation by Judge Reddooh in a decision rendered ren-dered in the case of the state against J. F. Koll and Frank Crosson, brought to test the validity of the law. Koll, as a carrier of passengers, and Crosson, who operated automobile trucks for hauling freight instead of passengers, refused to take out the license as required re-quired by the public utilities commission, and, under an agreement of counsel, the cases were taken direct to the district court. "v A demurrer to the complaint cited that ' in the Koll case it did not state a public ovfsnse and that it deprived the defendant defend-ant of his property without due process of law and denied him equal protection. In his opinion overruling the demurrer. Judge Heduoch reviews the law. He says in part: "Anyone who holds himself out to the public as ready to undertake for hire or reward the transportation of goods and passengers from place to place, so Inviting In-viting the custom of the public, is, in the eyes of the law. a common carrier. "The exemption of automobiles and automobile trucks on star routes, when actually engaged in carrying mall, to my mind presents the most serious question concerning the validity of the act, but, in the light of the cases cited by counsel for the state and the general rule, it , would seem that the statute should not be held void and unconstitutional by rea- son of this exemption. "An exemption applies only to the i automobile or truck when actually en- gaped In carrying mail. The mere fact that such vehicle ts in the service of the government of the United States gives some reason l'or its exemption." While the opinion dealt entirely with the Roll case, the court ordered the same entry made in the Crosson case, as the eame demurrer and facts were presented In that case as i:i the former, the only difference beins that the latter is entirely en-tirely a freight line, while the former handles basgaye and passengers. |