| Show IR f EXPLAINS WHEN HEN AUTO MAY BE LET FOR HIRE ON STAGE UNE LINE ROUTE I 1 marko Tra was fined fifty dollars in district court 1 la t week for violation of 0 tho the orders of the public utilities commission relative to corn com with the arrow stage line which h ha as the exclusive stag line rights between price and sunnyside Sunny side and price and It hiawatha lawatha attorney attorneys 0 S 8 price and thomas foute fouts represented the defendant and won all the points for which they eon con tended mr price requested that the court go into detail as to tho the rights a driver of a ear might have hae under the law as in 0 hiring out that car for use by others oyer over a route of a stage lun lao in re judge christensen Chrls gave the following opinion orally with some interruptions I 1 y attorney attorneys price and 0 C dalby now under the statutes establish ing ng the public utilities commission and defining ef ining their powers this court has already had occa oc calon loti to pass upon the constitutionality holding boiling that that statute is 13 constitutional and land that the pit public utilities commission has the power ower to regulate al 0 public utilities of t the tile state and that buch operations as those proven in this case on 01 the part art of the defendant brings him wathla that contemplation and makes his car and his operations those of A public utility ani whenever a ate cate of convenience and necessity is issued to any applicant by said paid state utilities that la in the tile julg ment of this court is a prohibition against the 0 of orations erat ions of any party as a public utility or as pulah utilities in n competition with the parties oper acing under such certificate of feces eity sity and convenience in the of the court it would appear that thata that however does not interfere with tho the opera operation tioma of a person iceson owning or operating an auto nobile mobile over roads or lines that are not so designated ag as roads under a certitil cate of a and convenience that where there ia Is no sieh sich certificate granted there of course is n destrie lion tion upon the operation of other pub lie ile utilities so that perhaps it is as far as the court need to speak ulon that phase of it now where it is necessary to oper ate a it public utility over a part or a whole of the route that have hen so designated and certificates granted to other parties it appears to the court that all such operation mut be con ducted in this wise that is to fay eay that the operator of the public utility not so 0 certificated must not solicit passengers must carry only ruch pas as request him to hire his car I 1 think the ope op orator ator may safely place upon his car the designation for hire and I 1 think he lie may place his ear car upon the public high ray vay the court however in this c kmec tion will call attention to the fact that it must not bo be in ia with a line live fllch is or has already obtained a certificate of convenience and nee costly mr price will your honor in that connection define what is meant by competition f the court ye yes I 1 will do it before I 1 clou the opinion the operations must not bo be up in any schedule of time or price of or routes but must be more in the nature mature of a general taxicab opera tion that li the car tor for hire rth enever there 14 a special route or of price or time that would bring rang it in competition oin petition with tho th atle stige lines inea already operated and the court might further eay any tn in answer to coun counsels request to define what bat competition is that the soliciting of passenger passengers or patronage that tho the advertising of currying cirr ying passengers over oer a particular route and as I 1 have already stated the matter of having i of time or rate would all In indicate licate a competition with with an exist inn ing line having liming a certificate of necea sity and convenience and would be in violation of the order of the commis sion pion in other words that tho the opera tion should lo 10 wholly independent and 41 t buelt operations as would be limited as fuere there is in this particular case ease ony the one road should bo be limited to such cases as for some reasons in forseen or otherwise necessitated the trip being made out of the schedule ditle of or time counsel have already cited a number of example examples and they might occur frequently and this tho the court does not feel to eay say that a with tho the request tinder those copl lions would be b a violation of V ti t 0 i law mr price I 1 get ali th battel part of that the court the court does not feel to gay say that a compliance with a ro quest on the part of any person dundov those conditions would be a violation of the law for In instance statteN a party may bo be in sunn side and for some reason unable to avail hll self of the stag tag a convenience and may have hane to hire a car in fix order to get to tits hi desimo icca loca tion and the person owning tile car may safely let his car to I 1 im lin mr price I 1 went I 1 like to ask this queri question tiou Bunn sido is the tile extreme termini of thin roi roil 1 and A person 11 lb ing tug there and owning a oah ar do to I 1 un der stand your honor to ay tay and hold that he could not hire his ills car out un der these special coalition tion by soar honor and bring passenger passengers down to price mr price under the condit fore fors that you stated th that t thia this was as the only road leading to Suil lyalle ie Is bunny sunny side aide or are the people living there in Sunny sunnyside side not permitted to own a car and to hire it out because it has to go over this entire route tho Court tile The court simply called attention to the fact that thia this made it A more difficult matter of operation that is that the question of tion might more bazily arise on this road for that very reason than were the operation operations over some other point the termini on this route are price and sunnyside Sunny side and therefore you start from a point within the route mr price yes we have to of nee etsity tto curt C urt lurt and I 1 call attention to the fact that tho the question of compete tion might more mora easily arise under such a 4 condition than over any other point mr price now no suppose that a con niton arose where the stage had bad left and the tile people wanted to come down to price would it bo be in violation of your honora honors ruling it if they the court I 1 think I 1 just stated that where it was I 1 fussi ia in or impossible as very often it might bo be to avail himself of the stage schedule that it boull not be a violation in the judgment of the court to hire a car mr price so that if the defendant live lives up there ana condition conditions which you staff 1 might arise and he bo be employed by patron patrons up there who would be unable to kavo leave on the ached ule time an annl I 1 he dian didn it acae ica a on the oh dule ad and did not felicit tho the ia la ho he might drive them down hero here aud and be he would not be in viola tion ion of the of the court the tile court in lia order to arke the question clear as to competition on this particular route the court might further say that it might bo be that that operation so 80 continue anil and become so 90 frequent as to become competition I 1 think it should bo be limited to reason able cases whore where the op operation orations of tle stage tage could not bo be obtained probably t his will answer the inquiry and suit show it tie e attitude of 0 tho the court on this mat ter I 1 think the great question i Is the convenience of tho tile public it goes without say tir ng that a well regulated and well con candied died d stage line li is for ilio conven convenient con veniene lenc if the public it la Is als also a convenient o for tho the public that they shall not be at dep adent upon the stage lioe line so 10 that if a person should perchance miss the stager he would not be compelled to loea lose a 4 day or a half a day or be compelled to re main away from home over tight be cause he would not be permitted to dire hire a car the tito law should not be so rigidly construed and enforced but what such exception exceptions might bo be provid ed for these lines should bo be left without competition until someone else 1 shall be given a right to sperate dundei similar conditions if the bus bust ness mess Is more than they can take eara care of an application may mar be made to tho the public utilities commit eion for an ad dit ional certificate ot necessity and convenience this Is aside from the judgment but may bo bis apon upon the record records and will perhaps be a guldi to what the judgment of tho the court might be in the future upon these matters air sir dalby will your honor also in dacate what the courts attitude atti may be as to tn the relationship beaw en the one who hires a car and the onner of a car ear that Is to say suppose I 1 hiro hire thin this defendant to transport me to some point what is my relation to him after that alm as 89 to te the control of the parl the coert coart I 1 deem that that is mator of contract between te me or operator of the th car ear and the person who airee the tile same now it woul I 1 ap pear to the court that the ear car would be to the direction of the tho per sen son hiring the ear and that the driver the emr or the operator of oj the ear car would ie to surjeet to ills lilt diree gifts |
