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Show JITNEY BUS CASE IS NOW BEING HEARD BY THE COURT When the hearing of the petition for a writ of mandamas against somc of the commissioners of the city and the city recorder, to compel them to issue a license to the Jitney Service company to operate automobiles in the city for hire, came before Judge N. J Harris this morning, the plaintiff plain-tiff requested the privilege of amending amend-ing its petition by inserting an ordinance ordi-nance which, the attorney for the company claimed, gave the assessor of licenses the mandatory power to issue licenses in such cases. The city attornev and Judge II II Henderson who appeared as associate counsel for the defendants, did not object to the amendment being offered, of-fered, but demanded additional time in which to demur answer or other wise consider the amended complaint. H stating that they would be prepared H to join the issue by next Saturday. The attorneys for the plaintiff resist- ed the application for so long a time, but Judge Harris indicated that the time would be granted, whereupon the BS plaintiff withdrew the amendment. HH The demurrer to the application for H the writ was the: taken up. the at- torneys for the defendants claiming HR that the petition did not state facts B sufficient to constitute a cause of ac- Bi tion in that it was not averred that the board of commissioners had acted arbitrarily or had occasioned undue HBl delay in the consideration of the ap- HKB plication for a license. It was argued Hh that the board of commissioners has eB discretionary power in the matter of iBH granting licenses and has the right to Hug take all such questions under con- slderatioo before granting licenses. It Hn was also contended that on the ques IB1 tion of misjoinder of parties, as al- HBi leged In the demurrer, only two mem- BBS bers of the board of commissioners flSgu were mentioned in the petition, and BfcEi that the city recorder, who acts pure- BriH ly In a ministerial capacity and can RffS do nothing toward the issuance of H- censes, except under the direction of Hk the board of commissioners, which, In H5 cities of the second class, such as Hm Ogden, consists of three commission- BHH ers BBS The contention of the attorneys for BOS the plaintiff was that, under the pro- H& visions of the city ordinances. It was HiR mandatory upon the city recorder. Biff? who is exofficio assessor of licenses, BkI to issue a license, prima facie, on the E&( presentation of the proper petition and a tender of the license fee. It IPm was contended that the Jitney com Brc pany is ready to enter into the bus!- Hk! ness of transportation by means of BBi the "jitney bus," and that the failure Hs- of the board of commissioners to BRro grant the license was damaging to Wltf the belter interests of the company Bal |
