In re Counts for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding by W. L. Counts for writ of habeas corpus. The right to declare an automobile, whether for pleasure or hire, a “jitney bus,” is not specifically granted by the state law or the city charter. A city can exercise only such powers as are expressly granted, and such others as may be necessary to carry into execution the powers expressly granted. (Collins v. Hatch, 18 Ohio, 523, 51 Am.
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Original proceeding by W. L. Counts for writ of habeas corpus. The right to declare an automobile, whether for pleasure or hire, a “jitney bus,” is not specifically granted by the state law or the city charter. A city can exercise only such powers as are expressly granted, and such others as may be necessary to carry into execution the powers expressly granted. (Collins v. Hatch, 18 Ohio, 523, 51 Am. Dec. 465.) There is no special grant of power to license automobiles, and no such ordinance or license can be made under the general welfare clause of the charter. (People v. Bruce, 63 Pac. 519.)…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an original proceeding in habeas corpus. Petitioner alleges that he is unlawfully, held in custody by the chief of police of the city of Reno upon a charge of misdemeanor for the violation of a certain ordinance in said city, known as City Ordinance No. 183, and entitled:
"An ordinance to fix, impose and provide for the collection of a license tax upon jitney busses, and to regulate the operation and running of the same within the city of Reno; to fix a penalty for the violation of its provisions; and to repeal all ordinances and parts of ordinances in…
2Cases cited9 opinions
- Ex parte DickeyWest Virginia Supreme Court · 1915
- In Re CardinalCalifornia Supreme Court · 1915
- Ex Parte SullivanCourt of Criminal Appeals of Texas · 1915
- State ex rel. Case v. HowellWashington Supreme Court · 1915
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Melconian v. City of Grand RapidsMichigan Supreme Court · 1922
- State v. Seattle Taxicab & Transfer, Co.Washington Supreme Court · 1916
- Ex Parte ParrCourt of Criminal Appeals of Texas · 1918
- Jefferson Highway Transportation Co. v. City of St. CloudSupreme Court of Minnesota · 1923
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1922
2 more not listed; retrieve them via the Exa API.