Ex Parte Sparks

MORROW, Presiding Judge,

Appellant was charged with unlawfully and wilfully operating a motor bus for the transportation of passengers for hire upon a certain public road named in the complaint. He sought relief by way of a writ of habeas corpus. This appeal is from a judgment remanding him to custody.

The law under which the prosecution is founded (Chap. 270, Acts of 40th Leg.) is attacked upon several grounds, namely, that Secs. 3, 6, and 14, are unauthorized delegations of legislative powers to the Railroad Commission to make rules and regulations governing the use of the highways of the…