{
  "id": 8629390,
  "name": "STATE v. T. R. STALLINGS",
  "name_abbreviation": "State v. Stallings",
  "decision_date": "1949-04-13",
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  "last_updated": "2023-07-14T15:28:13.210119+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. T. R. STALLINGS."
    ],
    "opinions": [
      {
        "text": "DeNNY, J.\nThe defendant challenges the validity of the section of the ordinance under consideration, on the ground that it is not a just and reasonable regulation, but is unlawful, arbitrary and unreasonable, and in violation of defendant\u2019s constitutional rights. Or, to put it another way, the defendant does not challenge the ordinance on the ground that it is too vague and indefinite to be enforceable. He challenges the power of the Mayor and Board of Aldermen of the City of Concord to pass an ordinance, requiring each operator and driver of a taxicab licensed by the City of Concord, to wear a cap while operating his taxicab.\nThe defendant simply takes the position and says in his brief, \u201cthe wearing of a hat instead of a cap as prescribed by said ordinance ... is not detrimental in any sense to the public welfare.\u201d\nConsequently, this appeal does not turn on what is meant by a \u201cdistinctive cap.\u201d If it did so, we might have some difficulty in sustaining this section of the ordinance, S. v. Gooding, 194 N.C. 271, 139 S.E. 435; S. v. Morrison, 210 N.C. 117, 185 S.E. 674; 50 Am. Jur. p. 204, et seq.; but since the ordinance is not challenged on the ground that it is too vague and indefinite to be enforceable, we will refrain from passing on its validity in that respect. Furthermore, \u201cthe rule is, that if a ease can be decided on either of two grounds, one involving a constitutional question, the other a question of lesser moment, the latter alone will be determined. Reed v. Madison County, 213 N.C. 145, 195 S.E. 620.\u201d S. v. Lueders, 214 N.C. 558, 200 S.E. 22. Moreover, constitutional questions abandoned or not raised on an appeal will not be decided by the Court. And in passing on such questions, the Court will limit its decision to those questions which have been properly presented and fully argued. 11 Am. Jur. Const. Law, Sec. 93, p. 720 et seq. Public Service Commission v. Grimshaw, 49 Wyo. 158, 53 P. 2d 1, 109 A.L.R. 534.\nThe defendant contends that the power of a city to regulate taxicabs and taxicab operators is strictly limited to the express powers granted in G.S. 160-200, subsection 7 and subsection 36a, and that the power to prescribe the clothing a taxicab driver shall wear is not granted therein.\nG.S. 160-200, subsection 7 of the above statute, grants to cities the following power: \u201cTo pass such ordinances as are expedient for maintaining and promoting the peace, good government, and welfare of the city, and the morals and happiness of its citizens, and for the performance of all municipal functions.\u201d And the pertinent part of subsection 36a, reads as follows: \u201cThe governing body may also require operators and drivers of taxicabs to prominently post and display in each taxicab, so as to be visible to the passengers therein, permit, rates and/or fares, fingerprints, photographs, and such other identification matter as deemed proper and advisable.\u201d\nIn addition to these statutes, we find that G.S. 20-37, also provides: \u201cThat cities and towns shall have the power to license, regulate and control drivers and operators of taxicabs within the city or town limits and to regulate and control operators of taxicabs operating between the city or town to points, not incorporated, within a radius of five miles of said city or town.\u201d Furthermore, G.S. 160-52 gives to the governing boards of municipalities the general power to enact ordinances. This statute contains the following provisions: \u201cThe board of commissioners shall have power to make ordinances, rules and regulations for the better government of the town, not inconsistent with this chapter and the law of the land, as they may deem necessary; and may enforce them by imposing penalties on such as violate them; and may compel the performance of the duties imposed upon others, by suitable penalties.\u201d\nTherefore, the Legislature has deemed it to be the part of wisdom to' delegate to the various municipalities of the State, the power to license, regulate and control the operators and drivers of taxicabs. In the exercise of this delegated power, it is the duty of the municipal authorities in their sound discretion, to determine what ordinances or regulations are reasonably necessary for the protection of the public or the better government of the town; and when in the exercise of such discretion an ordinance is adopted, it is presumed to be valid; and, the courts will not declare it invalid unless it is clearly shown to be so. Motley v. State Board of Barber Examiners, 228 N.C. 337, 45 S.E. 2d 550, 175 A.L.R. 253; Brumley v. Baxter, 225 N.C. 691, 36 S.E. 2d 281, 162 A.L.R. 930; Chimney Rock Co. v. Town of Lake Lure, 200 N.C. 171, 156 S.E. 542.\nIn tbe case of Suddreth v. Charlotte, 223 N.C. 630, 27 S.E. (2d) 650, Barnhill, J., in speaking for tbe Court, said: \u201cTbe business of carrying-passengers for hire is a privilege, tbe licensing, regulation, and control of wbicb is peculiarly and exclusively a legislative prerogative. So is tbe power to regulate tbe use of public roads and streets. Tbe General Assembly in tbe exercise of tbis police power may provide for tbe licensing of taxicabs and regulate tbeir use on public streets, or it may, in its discretion, delegate tbis authority to tbe several municipalities. 37 Am. Jur. 534, sec. 21; Anno. 114 A.L.R. 1120. . . . Where tbe power to regulate, license and control motor vehicles for hire is vested by tbe Legislature in tbe city council, there is a broad presumption in favor of tbe validity of an ordinance undertaking to exercise such power, and be who attacks it must show affirmatively that it is not expressly authorized by statute or that it is, as applied to him, unreasonable and oppressive. Star Transp. Co. v. Mason, 192 N.W. 873; New Orleans v. Calamari, supra (22 A.L.R. \u2014 Rehearing, p. 112). The municipality may name such terms and conditions as it sees fit to impose for tbe privilege of transacting such business, and tbe courts cannot bold such terms unreasonable, except for discrimination between persons in a like situation. Tbe wisdom and expediency of tbe regulation rests alone with tbe lawmaking power. Lawrence v. Nissen, 173 N.C. 359, 91 S.E. 1036; Turner v. New Bern, 187 N.C. 541, 122 S.E. 469.\u201d Yeiser v. Dysart, 267 U.S. 540, 69 L. Ed. 775.\nWe do not think it is an unlawful, unreasonable or an arbitrary exercise of tbe police power wbicb has been delegated to local municipal authorities by tbe Legislature, for a city to require, as a condition incident to tbe privilege of operating a taxicab on its streets, that the driver of such taxicab shall wear a distinctive cap or other insignia while operating a taxicab, to show that be is a duly licensed taxicab driver. Such a requirement would seem to be reasonable and a protection to tbe public against unlicensed drivers or operators.\nExceptions to tbe refusal of tbe court below to sustain tbe defendant\u2019s motion for judgment as of nonsuit have not been brought forward in bis brief and argued, as required by Rule 28 of tbe Rules of Practice in tbe Supreme Court, and will therefore be considered as abandoned. 221 N.O. 562.\n'In tbe trial below, we find\nNo error.",
        "type": "majority",
        "author": "DeNNY, J."
      }
    ],
    "attorneys": [
      "Attorney-General McMullan and Assistant Attorney-General Bruton, and Forrest H. Shuford, II, Member of Staff, for the State.",
      "L. F. Barnhardt and Morton & Williams for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. T. R. STALLINGS.\n(Filed 13 April, 1949.)\n1. Appeal and Error \u00a7 401\u2014\nA constitutional question will not be determined when the appeal maybe made to turn upon a question of lesser moment.\n2. Same: Criminal Law \u00a7 78b\u2014\nWhere defendant attacks the ordinance under which he was convicted on the ground that it was beyond the police power of the municipality, but does not attack it on the ground that its provisions are too vague and indefinite to be enforceable, the court will limit its decision to the ground properly presented and fully argued.\n3. Municipal Corporations \u00a7 39\u2014\nThe Legislature has delegated to municipalities the power to license, regulate and control the operators and drivers of taxicabs. G.S. 160-200 (7), (36a), G.S. 20-37, G.S. 160-52.\n4. Same\u2014\nWhere the governing authority of a municipality has enacted an 'ordinance regulating operators and drivers of taxicabs within the municipality in the exercise of police power delegated to it, the wisdom and expediency of the regulation is solely for it, and the ordinance will be presumed valid and the courts cannot hold its terms unreasonable except for discrimination between persons in a like situation.\n5. Same\u2014\nAn ordinance of a municipality, enacted pursuant to its delegated police power, requiring the drivers of taxicabs to wear distinctive caps, is held for the reasonable protection of the public against unlicensed drivers or operators, and is not invalid as having no relation to the public safety or welfare.\n6. Criminal Law \u00a7 79\u2014\nExceptions not brought forward in the brief and argued will be deemed abandoned. Rule of Practice in the Supreme Court No. 28.\nAppeal by defendant from Rousseau, J., at October Term, 1948, of Cabarrus.\nTbis is a criminal action in which the defendant, T. R. Stallings, a duly licensed operator and driver of a taxicab in the Oity of Concord, was indicted in Cabarrus County upon a warrant duly issued, charging him with violating Section 1, Article IX, of the Taxicab Ordinance of the City of Concord, by failing to wear a cap, as required by the provisions of said ordinance.\nArticle IX, Section 1, referred to above, reads as follows: \u201cCap AND Uniform Required. Drivers of taxicabs shall be clean in dress and in person, and shall wear a distinctive cap and necktie and be neat at all times while operating a taxicab.\u201d\nIt was admitted by the defendant that on the date alleged in the warrant, 2 May, 1948, he was operating a taxicab in the City of Concord, within the meaning of the ordinance, and that he was wearing a hat instead of a distinctive cap.\nIt was admitted that the defendant was a duly licensed taxicab operator and driver in the City of Concord.\nThe defendant admitted the Taxicab Ordinance was enacted by the Roard of Aldermen of the City of Concord on II December, 1941.\nThe jury returned a verdict of guilty and from the judgment imposed, the defendant appeals and assigns error.\nAttorney-General McMullan and Assistant Attorney-General Bruton, and Forrest H. Shuford, II, Member of Staff, for the State.\nL. F. Barnhardt and Morton & Williams for defendant."
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  "file_name": "0252-01",
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