Page:Federal Reporter, 1st Series, Volume 6.djvu/567

 ALLEBTON V. CITY OF CHICAGO. 555 �Allerton V. City of Chicago and another. �{Circuit Court, If. D. IlUnoia. December 10, 1880.) �1. MuNiciPAi, Corporation— Stbbbt Railwat— Power to Licekse. �A general law of the state of Illinois, (1872,) for the incorporation of cities and villages in the state, provided that the city council in cities shouldhave authority tolicense hackmen, draymen, omnibus drivers, cabmen, expressmen, and ail others pursulng like occupations, and to prescribe their compensation. Sdd, that street railways were within the purview of such statute. �2. 8ame— Police Power. �An ordinance of the council of the city of Chicago (Maroh 18, 1878) required each street railway company within the city to obtaiu an annual license, and to pay for the samethesum of 9^0 for each car opera ted and run upon its lIQe. Hdd, that such ordinance was a valid exercise of the police power of the city council.— [Ed. �In Equity. �■ Hitchcock, Dupee a Judah, E. A. SmaU, C. Beckwith, and Goudy, Chandler dt Skinner, tar plaintiff. �R, S. TuthiU and A. S. Bradley, for City of Chicago. �Drummond, C. J. On Marbh l8, 1878, the council of the city of Chicago passed an ordinance requiring the oompanies Which operated street cars for the conveyance of passengers upon any Unes of horse or city railway within the city of Chi- cago to obtain a license in the month of April of each year, and. pay for the same the sum of $50 for each car operated or run. A penalty was imposed for failing or refusing to take out a license. The company obtaining the license was required to place oonspiouously iii every car so operated and run in the city a certifieate signed by the city clerk, and giv- ing the number of the car, and stating that a license had been obtained, and that the necessary fee had been paid; and a penalty was also imposed for a f ailiire to post or keep such certifieate in the <Jar. �The only question in the case, which arises on a demur- rer to the bill of complaint filed by a stockholder of the city railway company to enjoin the payment of the license fee, is whether this ordinance Was valid. Several corporations operating street cars in the city of Chicago have been au- ��� �