Ex Parte Mayes

Citations

• 167 P. 749
• 64 Okla. 260
• 1917 OK 447
• 1917 Okla. LEXIS 639

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Licenses — Uniformity—Validity of Ordinance — Oemipaiioji Tax on Taxicabs.</p> <p>Amended section 22 of Ordinance 430 of the city of Pawhuska, imposing a license tax upon the business and occupation of transporting passengers for pay in automobiles or other motor-propelling vehicles upon and over the streets, alleys, and other public places of the city, and upon all those engaged in such business or occupation, and which -tax is fixed at $25 per annum for each automobile operated and engaged in such business, being, as stated in the ordinance, “for the purpose of raising revenue for said city,” and not an exercise of the police power, is in conflict with section 8, art. 4, c. , 173, of an act of the Legislature approved March 15, 1915 (Sess. Laws 1915, pp. 328, 329), and, on account of such repugnance, cannot be enforced.</p> <p>2. Habeas Corpus — ‘Illegal Conviction — Discharge.</p> <p>A conviction had and jail sentence imposed in default of the payment of fine assessed by the police court of the city, under the circumstances disclosed in the preceding paragraph, is without force; and one so convicted is entitled to a discharge from such illegal restraint.</p> <p>3. Licenses — Construction of Statute — Occupation Tax on Taxicabs.</p> <p>Neither section 581, Rey. Laws 1910, nor the city ordinance for the violation of which the petitioner was convicted contemplates the regulation or control of the business or traffic of transporting passengers for hire within and over the streets and public places of the city, but, on the other hand, provides for a license tax for revenue, as distinguished from a license fee collected on account of necessary police regulation.</p> <p>4. Same.</p> <p>Under section 8, art. 4, c. 173, Sess. Laws 1915-, 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. But when t