(Download) "Barney v. Board of Railroad Commrs." by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Barney v. Board of Railroad Commrs.
- Author : Supreme Court of Montana
- Release Date : January 25, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Automobiles ? Motor Vehicle Act ? Public and Private Carriers Subject to Regulation ? Highways ? Constitutional Law ? Statutes and Statutory Construction. Statutes ? Constitutionality ? Rule of Construction. 1. Where a statute is attacked on constitutional grounds the court should uphold the validity of the Act, unless its unconstitutionality appears beyond a reasonable doubt. Same ? Effect of Legislative Declaration of Purpose of Act. 2. While, as against constitutional objection, the validity of a statute may not be upheld on the bare legislative declaration of its purpose, such declaration is entitled to gravest consideration by the court, and unless clearly overthrown by facts of record, must prevail. Same ? Legislative Classification to be Upheld if Possible ? Burden to Show Arbitrary Classification on Whom. 3. In the construction of a statute a legislative classification must stand if any state of facts can reasonably be conceived that would sustain it, the burden of showing that the classification is essentially arbitrary resting upon the party who assails it. Same ? How to be Construed ? Title Indicative of Legislative Intent. 4. Statutes should be so construed as to effectuate the object of the legislature, their titles being indicative of the legislative intent and purpose in enacting them. - Page 116 Automobiles ? Carriers ? Motor Vehicle Act ? Rule of Construction. 5. In the construction of the Motor Vehicle Act (Chap. 184, Laws of 1931), the purpose of which is the supervision, regulation and control of the state highways by motor carriers for hire, a matter of legislative discretion, all existing statutes relating to their use must be taken into consideration. Highways ? Legislature may Regulate Use for Gain. 6. The state highways belong to the people for use in the ordinary way; their use for the purpose of gain is special and extraordinary, which the state may prohibit altogether or permit on such conditions as it may deem proper to impose. Same ? State has Power to Require Common and Private Motor Carriers to Obtain Certificate of Convenience and Necessity. 7. As a means of protecting its highways from abusive use, and the public from the evils incident to unregulated competition, the state has the power to require both common and private motor carriers for hire to obtain from the State Railroad Commission certificates of public convenience and necessity as a condition precedent to the right to conduct such business. (Chap. 184, Laws of 1931.) Same ? Chapter 184, Laws of 1931, Regulating Use of Highways by Motor Carriers for Hire ? Constitutionality of Act. 8. Under the above rules, held, that Chapter 184, Laws of 1931, regulating the use of state highways by motor carriers for hire, is a valid enactment as against the contentions of a private contract carrier that by requiring him to obtain from the state board of railroad commissioners a certificate of public convenience and necessity, the Act is invalid, as denying him the right to contract, and offending against the equal protection of the law and the due process of the law clauses of the Constitution. (JUSTICES FORD and ANGSTMAN dissenting.)
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