City of Seattle v. Hurst

Citations

• 50 Wash. 424
• 97 P. 454
• 1908 Wash. LEXIS 754

Syllabus

<p>Municipal Corporations — Ordinances—Solicitation in Depots— Contract Violating Ordinance. An ordinance making it a misdemeanor for hack drivers to soliet customers for hire in railroad stations when used by passengers leaving or entering the same, prevents the owner of a depot from permitting such solicitation by contract granting the exclusive privilege of such solicitation.</p> <p>Constitutional Law — Right of Contract. An ordinance prohibiting solicitation by hack drivers in railroad stations when used by passengers entering or leaving the same is not an unreasonable restriction upon the right of private contract, especially where the passengers have opportunity on the trains and at an office in the building to fulfill their wants without solicitation.</p> <p>Same — Police Power. Such an ordinance is not invalid as to a pre-existing contract allowing solicitation; since all contracts are subject to the police power, and any limitation of the contract would be damnum alsgue injuria.</p>