The Portland daily press., 1900-05-29
FROM THE LAW COURT.
Two Interesting Decisions Receives ~
the Clerk OF Courts.


The following decisions from the law
court were received yesterday:
State vs.. v. G. Montgomery, Applt.
Rescript.
savage, J.-Section of chapter sos of
the Laws Of 1850, as amended By chapter
906 OF the Laws OF 1893, relating 10
Hawkers and Peddlers, prohibits the ped
ding Of certain classes Of goods and
chattels therein named. until the ped dler
shall have procured a license TO do 80.
Section . OF the same chapter provides
that 1.-The secretary OF state shall grant
license" for peddiing Ito any citizen Of
the United States who files in his office n
certificate signed by the mayor OF a city,
or by the majority Of the selectnen of
town, stating to their best kncwi dye
in named IL Of good moral character; but
such license shall be granted to no other
person" II follows, therefore, that q
citizen may obtain such license, but
that an alien cannot.
The court Is Of opinion that this statu-
tory provision, which thus discriminates
between citizens and aliens, Is obnoxious
to the 18th amendment to the Constitu
tion Of the United States, by which IL
declared that no state shall deny to any
person within its Jurisdiction the equal
protection Of the laws, and Is therefore
unconstitutional and void. This statu-
tory provision absolutely denies to an
alien the privilege Of an occupation
open to citizens. II does not permit the
alien within our jurisdiction to pursue .
business occupation and to acquire and
employ property ON equal terms with the
citizen
1t Is also held that although, In the
case at bar, the discrimination Is not in
furious to the respondent, still the Hawk
are nd paddlQraf Aef af Iva ON fipd
as invalid In toto. The constitutional
part cannot be separated from the uncon-
stitutional part. The distinction between
citizens and aliens Is fundamental in the
scheme for licensing, The statute being
invalid as to aliens, II we held IL never
theless valid as to citizens, 1t works n
discrimination against citizens and in
favor of aliens, n result which the legisla-
ture plainly did not intend and which
would likewise be unconstitutional.
The case OF State VS.. Montgomery, %
Maine 433 Is re-examined, and all points
decided therein.are re-affirmed. The ques-
ton now decided was not then presented
TO the court.
Exceptions sustained.
winterport Water Co. VI. Inhabitants
Of winterport. Rescript.
Haskell, Upon an article in war
rant for town meeting Ito see II the
town will vote to contract with a water
company for hydrant service for 20 years,
as per>the coinpany's proposals." when
the proposal Is in writing and is sub
mitted to the town meeting, vote OF the
town thereon to pay therefor the sum of
81 900 per year, for not less than 20 years,
as per the company's proposal, that calls
for further payment each year of such
further sum as shall equal the amour t
of tax assessed upon the company for that
year Is valid; and contract, containing
the forms of the proposal is valid, when
executed by committee chosen by the
town for the purpose, even II the en-
abling act OF the legislature says the con-
tract may be executed by the selectmen.
The town makes the contract and may
use either its selectmen or its committee
to execute IL, as II may please to do.
Defendant defaulted.