144 Ga. 775 | Ga. | 1916
Lead Opinion
1. The ordinance of the City of Atlanta, regulating the licensing and operation of what are known as “jitney buses,” and requiring the giving, by the person operating such vehicle, of an indemnity bond in the sum of $5,000 for each vehicle so' operated, is not invalid on the ground that it violates art. 7, sec. 2, par. 1, of the constitution of this State (Civil Code, § 6553), which provides that all taxation shall be uniform upon the same class of subjects; nor on the ground that it is discriminatory against persons engaged in the business of operating such vehicles, and in favor .of other persons operating taxicabs and like vehicles which the plaintiffs in error contend are of the same class as jitney buses.
2. Such ordinance is not invalid on the ground that it imposes upon persons operating jitney buses a much larger license fee than that imposed upon persons operating taxicabs; nor on the ground that the graded license fee imposed by such ordinance (being $75 for a motor bus having a seating capacity of four persons or less, including the driver, $100 for a motor bus having a seating capacity of more than four and less than eight persons, $175 [$125 ?] for each motor bus having a seating capacity of more than seven and less than ten persons, and $150 for each motor bus having a seating capacity of more than ten persons) is unreasonable.
3. Nor is such ordinance invalid on the ground that the requirement of the indemnity bond is unreasonable and oppressive as to the amount
Concurrence Opinion
are of the opinion that the case is not in this respect controlled by that just cited, and that the ruling there made on the question of practice should not be extended. They are of the opinion that other grounds of objection to the ordinance in question, as being violative of certain specified sections of the State and Federal constitutions, are sufficiently made to require a ruling upon them. They concur in the judgment as to the points ruled on the merits, but dissent from the ruling on the question of practice. A decision on the merits of the points thus sought to be made being eliminated by the ruling of the majority of the court, they concur in the judgment of affirmance.
Dissenting Opinion
dissents from the ruling in regard to the bond required, on the ground that, under the evidence, such requirement is unreasonable and prohibitory.
Judgment affirmed.
Dissenting Opinion
dissents from the rulings in regard to the license fee or license tax, and in regard to the bond required of persons operating “jitney buses,” being of the opinion that the tax is unreasonable and confiscatory, and that the bond required, because of the amount thereof, is, under the evidence, unreasonable and prohibitory.