W. B. Curry v. C. E. Osborne Defendant Error

WHITFIELD, J. -- Osborne presented to the Circuit Judge a petition alleging that he was unlawfully imprisoned by virtue of a warrant issued from the Municipal Court of the City of Miami alleging that the petitioner, an operator of a jitney bus, on October 24th, 1917, violated Section 6 of Ordinance 236 of said City, by ""then and there taking on a passenger upon and along 12th Street, said street now being traversed by street car tracks over which street car service is maintained, and within seven hundred feet of said street car tracks, and did thereafter discharge the said passenger upon and along 12th Street, said street now being traversed by street car tracks over which street car service is maintained, and within seven hundred feet of said street car tracks, and did thereafter discharge the said passenger upon and along 12th Street, said street car service is maintained, and within seven hundred feet of said street car tracks, contrary to and against the ordinance""; that the imprisonment is illegal because, among other reasons, the ordinance is unjust, arbitrary and unreasonable. A writ of habeas corpus was issued.