Ex Parte Holt

Citations

• 178 P. 260
• 74 Okla. 226
• 1918 OK 562
• 1918 Okla. LEXIS 217

Syllabus

<p>1. Licenses — Control of Streets — Public Vehicles.</p> <p>“Under section 8, art. 4, c, 173, Sess. Acts 3915, local authorities, such as cities, may ‘regulate vehicles offered to the public for hire.’ and in doing so may impose a license or fee when the purpose thereof is an exaction of regulation.” Ex parte Mayes. 04 Okla. 260, 167 Pac. 749.</p> <p>2. Same — Validity of Ordinance — Regulation as Primary Object.</p> <p>The character of a municipal ordinance passed and sought to be inforced ostensibly for the purpose of regulation may be primarily determined from all its provisions; and where no attempt appears thereby to raise revenue, as such, the only pecuniary charge imposed being designed merely to cover the expense of regulating an occupation which it is deemed desirous or necessary to subject to inspection and supervission in the interest of public welfare and safety, such charge will not be treated as a tax for revenue.</p> <p>3. Same — Conflict with State Law.</p> <p>Ordinance No. 1968 of the city of Okla-Loma Oity examined, and held not to contravene the provisions of the General Highway Law of 1915.</p> <p>'4. Dismissal of Habeas Corpus.</p> <p>The writ of habeas corpus is discharged.</p> <p>(Syllabus by Bleakmore, 0.)</p>