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Public Callings

business, common and calling

PUBLIC CALLINGS. Any trade or calling carried on by a private individual or private corporation which, because of its quasi public character, has certain privileges as well as legal obligations which do not attach to an ordinary private trade or calling. The business of com mon carriers and that of innkeepers are examples of public callings. The essential characteristics of public callings are that those engaged in them hold themselves out as engaged in the business of serving the public indiscriminately.

From the earliest time the common law held that the classes of business carried on by common carriers, innkeepers, truckmen. ferrymen, bakers, millers, and wharfingers were,' or under proper conditions might be. public callings. And in later times the courts have held that the busi nesses of telegraph and telephone companies, ele vator companies, and warehousemen were public callings. In general it may be said that all who engage in public callings must serve the public without discrimination for reasonable compensa tion. and with a high degree of care for the persons

and property of those who engage their services. This rule. however, is subject to the limitation that the person claiming the public service must be a proper person to receive it. Those engaged in public callings in return for their obligation to serve all persons properly entitled to service have the compensating advantage that they either have a lien for their services or may claim pay ment or compensation in advance. They also have the right to make and enforce reasonable regulations governing the conduct of their busi ness.

When a business is affected with a public interest, and thus becomes a public calling. it ceases to he juris prirati only, and is subject, within reasonable limits, to the right of the State to regulate it. See CARRIER, COMMON ; INX, INNKEEPER ; CONSTITUTIONAL LAW.