The question .presented for consideration by this record is the constitutionality of chapter 276 Laws of 1913, known as the Automobile Law. As applied to the facts in this case, said chapter imposes an annual registration fee of six dollars on all motor vehicles used upon the public highways of the state. This fee -is to be paid to the county treasurer, who is required to for
[1] It is conceded by appellant that the state has the right, in the exercise of its police .power, to license motor vehicles used upon the public highways, and that it may charge a license fee sufficient in amount to -cover the cost of registering and numbering said vehicles for the purpose of identification, -but that it has -no right to collect a greater amount than is necessary for such purpose. Under the statute in question, 12^4% of the amount collected (which is forwarded to the Secretary of State) is applied to this purpose, and is conceded to be a reasonable amount. This amount, -then, appellant concedes to be a license fee proper, and no complaint is made by him, so far as this part of the a-mount collected is concerned.
I11 regard to the remaining 87^4% of the fee, amounting to $5.25 -for each motor vehicle in use upon the public highways, a different question is presented. It is contended by appellant that, so far as this amount is concerned, the Act is- a pure revenue measure, and to that extent the legislature has attempted to exceed its constitutional limitation: That motor vehicles are assessed and taxed according to their value, the same as other personal property, and that the collection of the above su-m amounts to double taxation, and is, therefore, in violation of the constitution. In this contention, appellant is clearly wrong. Section 8 of the Act in question provides that, upon the application for registration of a motor vehicle, $6.00 shall be paid to the county treasurer, but by section 3 no application nee.d be made except for motor vehicles that are to be operated or driven upon the public highways of the •state. From this, it is plain that -the amount involved is in no. sense a property tax. It is not levied upon the vehicle itself nor upon its possession or ownership, but is collected only for the privilege of using such vehicle upon the public highway. Under this law, a man may own one, or any number of motor vehicles, but, if their use or operation is confined to his own premises, they will be subject to no license fee, or tax other than a' personal tax based upon assessment thereof.
[3] The effect of these, and similar, laws is to compel a person, because -he uses an automobile on the public roads, to contribute money to the general fund of the state. It then -becomes available for general purposes, and may be used for purposes in nowise connected with the use of the public roads or with the ownership or operation of a motor vehicle. But our law is not subject to this criticism. The part of the money collected (of which appellant is complaining) goes into the motor vehicle road fund, and can be applied to no use except the repair and maintenance of the public roads. ■ It is in the nature of a license or toll for the use of the public highways. It is a well known fact that motor vehicles, and especially when driven at high speed, are far more destructive of roadways than animal propelled vehicles. Their use materially increases the -cost of maintaining the public roads; and it is neither unreasonable nor unjust that they should be required to pay, or help to pay, this increased expense. The public highways are wholly under the -control -and supervision of the Legislature. The Legislature could, if it believed it would subserve the best interests of the public, exclude motor vehicles from the use of the public highways altogether; and certainly it may call upon the users of s'uch vehicles to contribute -to -the expense imposed upon- the -public by their use. Similar statutes have been upheld on this ground by other -courts, and we fully agree with the conclusions reached by those courts: Kane v. State, 80 Atl. 453, Ann. Cas. 1912 D.; 237; Cleary v. Johnston, 79 N. J. Laws 49, 74 Atl. 538; Mark v. District of Columbia, supra.
The judgment appealed from is affirmed.