For the prosecutor, M. Casewell Heine.
For the defendant, John A. Bernhard.
Before Justices Parker, Campbell and Lloyd.
The opinion of the court was delivered by
PARKER, J. The writ calls for "a certain decision rendered February 19th, 1932, by the board of utility commissioners," &c. That decision is included in the return, together with the order made in pursuance thereof, which, after all, is the action to be reviewed. The order is not lengthy, and its text may as well be reproduced in full:
"This matter having been duly heard by the board of public utility commissioners, and the board having filed on the date hereof its decision, which decision by reference thereto herein is made part hereof, and the board having found and determined that the Nutley-Times Square Service,
Incorporated, is operating an auto bus line between Nutley, New Jersey, and New York City, and that the equipment which is being operated by said company is not in accordance with regulation B-7, as amended, adopted by this board, and further, that the said company has failed to file a copy of its liability insurance policy with the board, and that such operation is unlawful, the board --
"Hereby orders and directs that said Nutley-Times Square Service, Incorporated, to discontinue such operation within the State of New Jersey on its route between Nutley, New Jersey, and New York City, unless and until the equipment operated by said company shall comply with regulation B-7, as amended, adopted by this board, and the said company shall have filed a copy of its liability insurance policy with this board.
"This order shall become effective March 1st, 1932."
Regulation B-7 is not included in the printed book, but we are informed by the brief of counsel that "Regulation B-7 as amended by the board of public utility commissioners divides auto buses into two classes known as A and B. A is defined as city type, single deck. B is defined as parlor car type, single deck, applicable to both types. Regulations provide for body dimensions of a maximum of thirty-two feet including bumpers and a minimum of sixteen feet with a maximum and minimum width of eight and seven feet outside measurement and a maximum inside height of six feet nine inches and a minimum of six feet four inches in the center (minimum height for class B buses five feet).
"Provisions follow for window guards, guard rail, partition behind the driver, a minimum clearance of twenty-four inches at the service door and an emergency door in the center, rear or otherwise, which shall be so constructed that no permanent obstruction will interfere with the passengers' use of this rear emergency door. The aisle seats are provided for, and an aisle of a full width of not less than twelve inches. There ...