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SAFEWAY TRAILS, INC. v. FURMAN

41 N.J. 467 (1964)

197 A.2d 366

SAFEWAY TRAILS, INC., A CORPORATION OF THE STATE OF MARYLAND, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. DAVID D. FURMAN, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY AND HEAD OF THE DEPARTMENT OF LAW AND PUBLIC SAFETY; NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES, AND JOHN A. KERVICK, STATE TREASURER OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. THE GREYHOUND CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY, AND NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. LINCOLN TRANSIT CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, HILL BUS CO., A CORPORATION OF NEW JERSEY, ROCKLAND COACHES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, MANHATTAN TRANSIT COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, HUDSON BUS TRANSPORTATION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, SOMERSET BUS CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, DeCAMP BUS LINES, A CORPORATION OF THE STATE OF NEW JERSEY, AND WESTWOOD TRANSPORTATION LINES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, ET AL., PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. NED J. PARSEKIAN, ACTING DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Argued December 3, 1963.

Decided February 3, 1964.

Attorney(s) appearing for the Case

Mr. Alan B. Handler, Deputy Attorney General, argued the cause for defendants-appellants and cross-respondents (Mr. Arthur J. Sills, Attorney General of New Jersey; Mr. Alan B. Handler, on the brief).

Mr. Merritt Lane, Jr. argued the cause for plaintiff-respondent and cross-appellant, The Greyhound Corporation (Messrs. McCarter & English, attorneys; Mr. Ross B. Abrash, on the brief).

Mr. William A. Roberts, of the District of Columbia Bar, argued the cause for plaintiff-respondent and cross-appellant, Safeway Trails, Inc., etc. (Messrs. Harrison & Jacobs, attorneys; Messrs. Roberts & McInnis, of the District of Columbia Bar, of counsel and on the brief; Mr. George M. Eichler, joining in the brief).

Mr. George M. Eichler argued the cause for plaintiffs-respondents and cross-appellants, Lincoln Transit Co., Inc., etc., et al.

The opinion of the court was delivered by PROCTOR, J.

This appeal consists of three consolidated actions involving the interpretation and validity of the Interstate Busses Excise Tax, N.J.S.A. 48:4-20. The question raised is whether the statute which imposes an excise tax of 1/2 cent per mile on interstate autobuses operated over the highways of this State applies to mileage traveled over the New Jersey Turnpike and...

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