Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-09-14

STATE EXCEEDED ITS POWER
Says PeddIers Have Rights Under the
Interstate Commerce Regulations and
the Law Giving City Councils Right
to Impose License Is void-other
News of Iowa.
Special to Times Republican.

| Special to Times Republican.
Vlnton, Sept. 14.-Another Iowa law
has been declared unconstitutional by
district court, Judge Burnham hand
ing down an opinion involving the VAL
idity OF the peddlers' license law. The
decision Is of great Importance and will
have an important bearing on the fu-
ture actions of city councils in pass
ing ordinances governing sale of mer-
chandise by itinerant merchants. One
Chester A. Hodge, of this place, who
has for some time been engaged in SELL
ing groceries, etc., for an eastern con-
Germ was recently arrested at Shellsburg
for violation of the new license law of
the state and by the trial justice held
to the grand jury. From this decision
he appeals to District Judge Burnham
who has rendered an opinion which
will interest many of the counties of
Iowa on account Of the question of the
constftutionality Of the law, and here
with follows:
Tho Decision.
In Chambers, Before G. w. Burnham,
Judge Of the 18th Judicial District.
c. A. Hodge, plaintiff /, VS.. w. G.
Youell. Sheriff Of Benton County, Iowa,
defendant. Habeas Corpus Proceed
ings.
The decree of the court recites the
arrest of Hodge and his alleged unlaw-
full detention. The record disclosed the
fact of his arrest, and charged with
misdemeanor, the information alleging
hot r,1n nf
soap, vinegar and other merchandise
Montgomery and p. c. Crouch and de-
livered said orders to the said parri.s.
In his decision the court says:
The agreed statement Of facts before
the committing magistrate and upon
this hearing, shows that the petition
er, C. A. Hodge, at or about the time
and place alleged in the information
called upon Frank Montgomery and
P. G.. Crouch in said county of Ben
ton and representing George Meldrum
& Comany, wholesale grocers of Chi
cago, did, by samples shown to said
parties on said date, sell to each of
them certain merchandise consisting of
tea, vinegar, soap and other merchan-
disc, the property of said George Mel
drum & Comany, and that said George
Medium & Company and each of the
members Of said firm, were at said
date and ever since have been non-res-
idents of Iowa, and that said goods
were afterwards delivered by said
George Medium & Company to the
said purchasers by their agent, c. A.
Hodge, and that during all the above
transactions the said G. A. Hodge was
acting as agent and salesman for the
said George Meldrum & Company.
Claims Made by the State.
It was claimed by the state in the
hearing before the committing magis-
trate and also upon the hearing herein
that the petitioner, c. A. Hodge, was
guilty of violation Of what is known
as the "Peddlers' Act" found in Chap
ter 4S, of the Acts of the 30th General
Assembly of Iowa. Said act provides
among other things the word ped
dlers" under the provisions of this act
and wherever found in the code shall
be held to include and apply to all
transient merchants and itinerant
vendors selling by sample or by taking
orders. whether for immediate or flu
ture delivery.
1t will be seen from the plain provis-
ions of this act that the agreed state
ment of facts bring the petitioner
within the term peddler as defined by
said act, and if the act shall be held
valid and applicable to the business in
which he was engaged, then he must
be found guilty of violating the plain
terms and provisions of said act.
The petitioner, however, in this pro-
ceeding attacks the constitutionality of
said act upon a number of grounds set
forth in his petition but it is neces-
sary that but one of these grounds be
considered in disposing of the question
presented by the petition and answer
in this proceeding.
It is urged that the act of the
Thirtieth general assembly is invalid
as an attempt to interfere with and to
regulate interstate commerce and is in
contravention of section 8, article /
Of the constitution of the United States
which declares that congress shall
have power to regulate commerce
among the several states.
This is not new QUESTION, but has
been considered and determined by the
supreme court of the United States
many times and in all the various
forms in which it could be presented
and this case must be determined up
on the authorities already settle
many times by the supreme court O.
the United States.
Constitutes Interstate Commerce.
49, 49,, Ny,f nf