29 Iowa 123 | Iowa | 1870
It seems to us, that to .state this case is to decide it. The special privileges granted to and conferred upon the railway company did not exempt it from liability to pay a license fee for each vehicle by it used on the line of its road. It might as well be claimed that the property of the company was not liable for its due proportion
The fee demanded is not to tax, but a sum imposed in virtue of the police power of the city, or that which relates to the orderly management of its affairs. The power to license and regulate carries with it the right to require the payment of a sum in consideration of said license. Johnson v. City, Legal Intelligencer 1869, p. 269. The sum fixed is not unreasonable, and scarcely if any more than would be necessary to pay the clerk hire connected with the usual registry, etc., of these and other vehicles. And whether the city could do more than this, we need not now decide.
The ordinance authorized the construction of the road, and the placing of the coaches thereon. That is to say, but for this ordinance, or some similar grant of power, the company would have had no right to put down its track along the streets, nor to run its coaches thereon by horse or other power. The owner of an omnibus, hack or carriage needs no such special grant or authority. The special grant is, however, not a license within the meaning of the ordinance on that subject. By this we do not mean that the company is required to obtain any further authority in writing, in the shape of a general license, or otherwise, before entering 'upon its work. And yet it is not a license in such a sense as to exempt from liability for the fee for which this action was brought. But though it constituted a license this fee could be exacted. For the mere obtaining the power to run a carriage, omnibus or street car, would not deprive the city of the right to collect the fee, unless, of course, there should be some*
Affirmed.