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Tarver v. City Commission of Bremerton12/14/1967
ation to the activities included within the second and third categories. Makris, supra, at 307. We are of the opinion that taxicab driving is not an occupation to which the holding in Makris, supra, is applicable; rather, that occupation is clearly within the category of extraordinary use of public property for private gain and may also be properly classified within the category of occupations susceptible of becoming a nuisance, offensive or a hazard to public safety. In the words of the trial court's finding of fact No. 9:
That the occupation of operating a taxicab is such an occupation as is fraught with the possibility and probability of injurious results without regulation and . . . that the licensing thereof can be denied an applicant if found not to be of good moral character. That the business of operating a taxicab can be dangerous to others not only because of traffic hazards but in addition to that because of moral danger as is amplified in the instant record of Petitioner in which it is disclosed that Petitioner has been twice convicted of illegal sale of liquor.
As to that category of businesses and occupations which are inherently, or at least susceptible of becoming,
nuisances or hazards to health, we have consistently held that "'All of these fall within the broad power of prohibition or suppression, some wholly and absolutely and others conditionally.'" Schafer, supra, at 363. Such occupations require "looking to the personal qualifications of the licensee. As to such licenses there is necessarily involved some measure of discretion to be exercised by the officer or body charged with the duty of deciding who may or may not engage in such businesses, professions, or occupations." Makris, supra, at 307. See also, State ex rel. Sayles v. Superior Court, 120 Wash. 183, 206 P. 966 (1922) (regulation of pool halls); State ex rel. Reedhead v. Olympia, 122 Wash. 239, 210 P. 371 (1922) (regulation of pool halls); and State ex rel. Puyallup v. Superior Court, 50 Wash. 650, 97 P. 778 (1908) (revocation of liquor license). With respect to the category of activities which involve claims of a private right in public property, we have said (Schafer, supra, at 363, quoting Ex parte Dickey, supra):
"Such properties are devoted primarily to general and public, not special or private, uses, and they fall within almost plenary legislative power and control. In them, all citizens have the usual and ordinary rights in an equal degree and to an equal extent. In the regulation thereof, the legislature cannot discriminate. But, as regards unusual and extraordinary rights respecting public properties, its power or control and regulation is much more extensive. Such rights are in the nature of concessions by the public, wherefore the legislature may give or withhold them at its pleasure. It may give them for some purposes and withhold them for others, and in the case of those given, it may, upon considerations of character, quality, and circumstances, discriminate, permitting some things of a general class or nature to be done and refusing to permit others of the same general class to be done, or extending the privilege to some persons and denying it to others because of differences of character or capacity.
"The right of a citizen to travel upon the highway and transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain, in the running of a stage coach or omnibus. The former is the usual and ordinary
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