Commercial Warehouse v. State

Supreme Court of Arkansas

Commercial Warehouse v. State

62 S.W.2d 20, 187 Ark. 851, 1933 Ark. LEXIS 137

CourtSupreme Court of Arkansas

DecidedJuly 10, 1933

DocketNo. CR 3848

StatusPublished

Cited by2 cases

This text of 62 S.W.2d 20 (Commercial Warehouse v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commercial Warehouse v. State, 62 S.W.2d 20, 187 Ark. 851, 1933 Ark. LEXIS 137 (Ark. 1933).

Pincite

Opinion

McHaney, J.

Appellant was convicted on a charge of overloading one of its trucks and operating same over the streets of Little Rock. The truck was rated by the manufacturer as a 2%-ton truck, and appellant had paid a license fee thereon based upon such tonnage. At the time the truck was stopped and the driver arrested, it was carrying 514 tons. The license fee for a 214-ton truck and which appellant paid is $90. The license fee for a 6-ton truck is $400. See act 36, Acts 1933. Section 24 of act 65 of 1929, subsection (N), makes it unlawful for any person to operate a vehicle on the public roads in this State without having paid the fee required by this act. If appellant could obtain a license for a 214-ton truck and then haul 5 or 6 ton loads, it would escape the payment of the higher license fee required by law for such loads. The object of the lawmakers seems to have been to require the payment of license fees in proportion to the load capacity of the vehicles, because the heavier the load, the more the damage is to the highways over which it operates. Therefore, if appellant wishes to operate its truck on a 214-ton license, it should limit its load to 2'14 tons. If it wishes to have a greater tonnage, then it should get a license covering the greater load. It would not be thought proper to operate a Cadillac automobile with a Ford license, yet the same principle is involved.

Affirmed.

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McHaney, J.

Appellant was convicted on a charge of overloading one of its trucks and operating same over the streets of Little Rock. The truck was rated by the manufacturer as a 2%-ton truck, and appellant had paid a license fee thereon based upon such tonnage. At the time the truck was stopped and the driver arrested, it was carrying 514 tons. The license fee for a 214-ton truck and which appellant paid is $90. The license fee for a 6-ton truck is $400. See act 36, Acts 1933. Section 24 of act 65 of 1929, subsection (N), makes it unlawful for any person to operate a vehicle on the public roads in this State without having paid the fee required by this act. If appellant could obtain a license for a 214-ton truck and then haul 5 or 6 ton loads, it would escape the payment of the higher license fee required by law for such loads. The object of the lawmakers seems to have been to require the payment of license fees in proportion to the load capacity of the vehicles, because the heavier the load, the more the damage is to the highways over which it operates. Therefore, if appellant wishes to operate its truck on a 214-ton license, it should limit its load to 2'14 tons. If it wishes to have a greater tonnage, then it should get a license covering the greater load. It would not be thought proper to operate a Cadillac automobile with a Ford license, yet the same principle is involved.

Affirmed.

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Bluebook (online)

62 S.W.2d 20, 187 Ark. 851, 1933 Ark. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-warehouse-v-state-ark-1933.

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