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Francis v. Allen

Supreme Court of Arizona

November 27, 1939

H. L. FRANCIS, EDDY COBB, SAM J. SALYER, CLYDE CHESNUTT and JOE LAWRENCE, Appellants,
v.
W. T. ALLEN, Superintendent of State Highway Patrol; B. H. McAHREN, Superintendent of Motor Vehicle Division of State Highway Department; WILSON T. WRIGHT, AMOS A. BETTS and W. M. COX, Members of Arizona Corporation Commission, Appellees

APPEAL from a judgment of the Superior Court of the County of Maricopa. Wm. G. Hall, Judge. Judgment affirmed.

Mr. L. C. McNabb and Mr. Elmer Graham, for Appellants.

Mr. Joe Conway, Attorney General, Mr. A. R. Lynch and Mr. E. P. Cline, his Assistants, for Appellees.

OPINION

Page 278

[54 Ariz. 379] LOCKWOOD, J.

This is an action by H. L. Francis and others, hereinafter called plaintiffs, against W. T. Allen, as superintendent of the state highway patrol, and other state officials, hereinafter called defendants, seeking to enjoin the latter from attempting to enforce the provisions of chapter 50 of the regular session laws of the fourteenth legislature, 1939, being an act relating to motor vehicle transportation, and asking for a declaratory judgment as to the rights and status of the parties under said act.

Defendants demurred to the complaint, on the ground it did not state a cause of action, and the demurrer being sustained, and plaintiffs declining to amend their complaint, judgment was rendered in favor of defendants, whereupon this appeal was taken.

The first and, indeed, the primary question for our consideration is the constitutionality of said chapter 50, supra. We shall summarize the act, rather than quote it in full, except so far as it may be necessary to give its exact language.

Section 1 defines "motor carrier" as meaning any person who transports or offers to transport persons by motor vehicle for compensation, without being authorized [54 Ariz. 380] or required by law so to operate. "Motor carrier transportation agent" is defined as a person who acts as an intermediary between the public and a motor carrier in arranging for transportation.

Section 2 provides that no person shall act as a motor carrier transportation agent without first obtaining a license from the corporation commission.

Section 3 sets forth the form of the application for such license.

Section 4 provides:

"If an applicant for an agent's license is found, after hearing, to be unfit to properly perform the services proposed and to conform to the provisions of law with regard thereto, the commission shall deny the application."'

and then states what the license shall contain, if it is granted.

Section 5 fixes the fee for the license at one hundred ...


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