The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-01
THE DRUMMERS' TAX.
Important Points OF Justice Bradley's
Decision.

hhportbnI fOlnts or Justice Bradley ID
Decision.
WASHINGTON, Oct. 3l.-Jusiice Bradley.
OF the supreme court, rendered brief
opinion Monday in the case OF Asher vs..
the State OF Texas, involving the constitu-
tonality OF the Texas law levying a tax
upon commercial travellers who sell goods
by sample, or otherwise, in that State for
outside houses Asher was convicted about
two years ago for selling goods in Texas
without license. His was test case, as
was also the case of Robbins in Tennessee.
which latter case was decided some months
ago by the supreme court on an appeal.
On the llth of the present month the
Texas case was argued before the supreme
court 10y Attoncy-General lIogg, OF
Texas, on writ OF error. Mr.
liogg made an eloquent argument
and greatly interested the court,
several OF the justices asking so many
questions that the encouragement of the
Lone Star State hattercd himself that he
might get u reversal. IL it was quite eyi.
dent TO many that day in the courtroom
that the decision in the Texas case would
practically be the same as that in the Ten.
ncssec case, as the opposing counsel were
not called upon 10 submit any argument,
and II was mere matter OF form that tho
court heard MIR. llogg. As related in these
dispatches, Mr.. Hogg argued that the State
had the right 10 regulate her internal ai.
fairs, and that the tax upon commercial
travellers only bore incidentally upon com.
merce among the States and was therefore
authorized. The decision today sustains
the position taken by the commercial tray
clers, and they will in future be free from
this tax. Ten or twelve OF the States hayp
been taxing drummers, rs well rs several
Territories.
POINTS IN TnK DECISION.
In the opinion rendered bv Justico
Bradley, the supreme court OF the United
States declares unconstitutional al laws
imposing u license tax on commercial
travellers not residents OF the State impos.
ing the tax. Asher was a resident az Now
Orleans, and while selling goods bv sam.
pie IN Texas was arrested aud fined .or
violation Of the State Law making il mis-.
demcanor Tor any person TO do business rs
u commercial traveller without having first
taken ont m occupation tx. Asher CON
tested the cunstiIuuondliiy OF this statute.
taking the ground that il was rcpugnant 10
the clause OF the constitution giving Com
grcss the exclusive right 80 regulate inter-
state commerce. The Siaic court decided
against him. Asher appealed the casc 20
the supreme court, which today gave DC.
cison ia his favor.
The court in is opinion says that Il secs
no difference between tbs care and the
Robbins tIcun.l ease, ia which case the
law was held to be unconstitutional. A.
10 the contention OF the authorities ui
Texas that the decision OF the supreme
court in the Robbins case WIS in conflict
with prior decisions oi the court. Justice
Bradley very dryly says that oven were
this true, the court las always supposed
that later decision has lhr Dilcct 81 over.
ruling a prior decision with Whirh !. may
not be- M harmony. The court then siyE
I'VE do not propose 90 enter into D..
ncwcd discussion vi thc matter nc this
time"
The court reversed the judgment Of the
state court, with cust.. and rumlnlcd jhe
Usc. with Instructions 10 discharge the
plaintiff Ia error from Tie imprisonment
81.