Desser v. City of Wichita

Citations

• 96 Kan. 820
• 153 P. 1194
• 1915 Kan. LEXIS 501

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. License Tax — “Jitneys”—Municipal Control of Public Streets. The provision of the ordinance in question requiring those operating any self-propelled vehicles carrying passengers for hire to pay additional licenses of three hundred to four hundred dollars before being permitted to solicit or receive passengers on the paved portions of certain designated streets, although practically prohibitive as to such designated places, is a valid exercise of municipal control.</p> <p>2. Same — Benefit to Street Railway Company. That the effect of such ordinance if enforced would involve a benefit to the street railway-company is no reason why the city may not prescribe such regulation.</p> <p>3. Same — When Courts Should Interfere. Before the courts can interfere with the exercise of legislative power granted to the city to license and regulate such conveyances it must appear that the attempted exercise of such power is flagrantly unjust, unreasonable or oppressive.</p>