The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1880-06-18

UAIVe " . % AS2~V 1>OAAS
OF PENNSYLVANIA.
rRAyELiNa CONFESSIONAL AGENTS
FROM OTHER STATES.
We publish In another column Of
this issue the decision Of the Supreme
Court Of this State, now In session at
this place, In which commercial agents
representing business Arms of other
States have q great interest. :" -
The suit, entitled J. F.. Mcclure,
Tax Collector, W.. John r. Parker, was
brought in the 9th District Court Of
this parish at It's April term, 1880, to
test tie copstituiipnality Of the follow
ing clanse, Of section IL OF, Act No. 119
of 1880: 5rH Is4.j 90 Or. -,t
AsAnd all travelling agents from other
States, Offering any species of merchan-
disc for sale or selling the same, shall
pay license tax of twenty-five dollars
per month";" go. sol ''s- ~: !
This case was decided, after full ana
exhaustive argument, In favor of the
defendant. = Plaintiff appealed to the
Supreme Court. The appeal was ar
visement. On the 10th inst, the de-
cree Of the appellate court was read,
affirming the Judgment of the District
Court, and declaring that the clause
above quoted Is unconstitutional and
void, ~, =. 49,.
The decree itself will sufficiently In
form our readers, Of the grounds upon
which this decision was rendered. This
decision affects very materially not
merely agents and drummers whose
principals reside in other States, but
the merchants and citizens to whom
they might sell, as the ultimate pur-
chasers, residents of this State, would
be sure themselves to pay this exorbi-
tant tax, and hence would themselves
be the sufferers from this unwise exac-
ton. It was passed by the legislature
"a q revenne measure, and no doubt
the idea of making non-residents pay
heavy license for the privilege of doing
business in this State made this clause
popular with those who advocated and
supported this measure.
The attorneys for the defendant
maintained its nnconstitutionality upon
two grounds; first, that "by abridging
the privileges and immunities of the
citizensl OF other States" this clause VIC.
latea paragraph 1 of section 2, of article
Of the constitution of the United
States; and, secondly, that It violates
paragraph Of section g., article 1 of
the same Instrument, which vests in
Congress the sole power to regulate
commerce among the several States. g.
The court reached It's decision main.
Iy upon the confederation of the first
point taken. 1t conceded the power
to the State to levy license tax for
the purposes of revenue, but affirmed
that no discrimination could he made
as againstthe citizens of other States in
favor of the citizens of this State.
The license must be the same for resi-
dents and non residents, in which case
the license would not be, violative l
the provisions of the Federal Conssita-
tion.d i:a.,' .''a 700 P"5.I ..Ylfo ,
We are glad that this decree of our
Supreme Court has been made, as it
will have the tendency to invite trade
and commerce from other States, and
will directly and largely reduce the
cost Of pm rchase to our own citizens
who are the ultimate purchasers and
consumers OF merchandise sold by SAM
pie or otherwise by the class of agents
upon whom this clause of the license
law, sought to impose this discriminat-
ing and exorbitant license.
Capt. G, w. Mechanic, District del
egate to the Cincinnati Convention,
left for New Orleans Sunday morning.
He will bring to the work before hin,
ripe experience and profound knowl.
edge; and we anticipate that oil his
dOings, therein will reflect the wishes
Of the State and be acceptable to his
constituents. We wish him honor in
his mission, pleasure In his trip, and
a, safe, return to, his family and friends
--Bnilesia.i y ,,}fs,i. i5.:tH aGf t.,s D..