The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1880-06-18
J. f.. Mcclure, Tax Collector, VS.. John
II. Parker
F. q. Hudson, District Attorney, for
Plaintiff and APPELLANT; Stubbs !
---.-s r StillsAan Attorneys Cor Ne. -e-.r..s
=, PENDANT and Appellee.


=, fcnIant and Appellee. ..
Appeal from 5th District Cbst,t Of Oseachito--
.ystlge e. ". richardson.
Mr.. Associate Justice Todd, as the
organ OF the Court, the other Justices
concurring, rendered the following
opinion, towit: -.
This Is proceeding under Section II
of Act 1l9, approved April 10, 1880,
instituted by the Sheriff and Tax Coli
lector of the Parish, of Ouachita to col
lect from the defendant q license tax
State and Parish-of t25 per month for
each, imposed under the 18th Section
Of said Act Hupon all travelling agents
from other States offering any species
of merchandise for sale or selling the
same.' .f .,...,
The defendant rcsists the payment
OF this license upon several grounds,
among which we find the following:
That the imposition of this license
violates paragraph 1 of section 2 of
article 4 Of tho Constitution of the
United States, which declares "that
the citizens of each state shall be enti-
tied to all privileges and immunities
Of citizens in the several States"
There was judgment for the defend
ant and plaintiff has appealed.
The question presented Is, whether
the statute imposing this license vio-
lates this clause of the Federal Consti-
tuition. ".'.
l. This provision affords one of the
most important constitutional guaran-
tees for the protection of the citizen.
1t was doubtless intended to secure
to the citizens of each Stnte the enjoy
ment, everywhere within the limits of
the Federal union, OF these funda-
mental privileges which belong of right
to the citizens of all free governments,
and to prevent an unjust determination
on the part Of any State against citi-
zens of an other Slate in the full and
free exercise of these privileges.
We gather from the decisions of the
Federal and State Courts that among
the privileges and immunitics this
provision was intended specially to
secure, were the enjoyment of life and
liberty, the right to acquire and pos
sess property of every kind, to pass
through, and reside in, any State for
the purposes Of trade, the right to sue
in any of the State courts, aud to sell
or dispose Of property, real or personal,
aud all such similar imlnunities. With
respect to these privileges it was
designed to place the citIxens OF all the
States upon a common basis of entire
and perfect equality. The increased
interstate trade and commerce of late
years, have developed a class OF business
men, now recognized as a distinct pro-
fession or calling, known and desig-
mated AS commercial. or travelling
agents." who travel throughout the
different States, rs representatives Of
commercial houses, and sell goods and
merchandise by orders.
| This class of agents is made the sub
ject Of legislation by the section Of the
statute above referred to-. Some Of
/ them are citizens OF this State and
some of other States. EEu.
The section in question imposes a
| license of twenty five dollars month
on t'traveling agents from otherStates, !"
but exacts no license or tax upon the
Same class Of persons who are citizens
of this State. And the question again
recurs, docs this violate that provision
of the Federal Constitution which
declares that "the citizens Of each
State shall be entitled to tho privileges
and immunities Of the several States :''
Privileges and immunities are syno-
nymous terms. Privilege signifies n
peculiar advantage, exemption, immu-
nifty; Immunity signifies exemption,
privilege. '.a '"'
When We consider tho meaning OF
these terms, and reflect upon the i'm
portant object sought to be accomplish
ed by this constitutional provision, so
essential not only to the Unrestricted
, trade and Intercourse, between the
, States, but even to the liberties and
highest privileges of the citizens OF a
common country, we arc bound to con-
ctude that requirement of State law
that discriminates SO glaringiy against