Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-06-21
HODGDON CASE
TO BE HEARD
SUPREME COURT SENDS IT TO
JUDGE LESLIE At GREAT
FALLS.

In the case of C. G. Hodgdon, who
was arrested here some time ago and
fined for selling buggies without hav-
ing obtained a license as required by
law, the supreme court has granted
the application for writ of habeas
corpus, and made it returnable before
Judge Leslie at Great Falls next Sat
urday at 10 a. m. II. l.. De Kalb and
j. c. Huntoon, representing HOdgdOn,
will present the case for the defend
ant at Great Falls, while County At
torney Ayers will represent Sheriff
Slater, against whom the writ is di-
rected.
Realtors Statement.
The relator, c. G. Hodgdon. was ar
rested under complaint issued
against him under the act of 1903.
entitled IAN act relating to the Ii
censing of peddlers and canvassers of
agricultural and domestic implements
and machinery and other articles, -
and upon trial being had before the
justice of the peace was found guilty
and fined in the sum of one hundred
and fifty dollars or in default of the
payment thereof to be confined in the
county Jail according to law, and on
being committed to the county jail
for failure to pay such fine now pros
ecutes this proceeding in the higher
court to obtain his liberty.
The reasons advanced by the relat
or for his release are as follows:
Grounds for Release.
1. That there Is no proof what.
ever that he at any time violated any
provision of the act under which the
judgment was rendered.
2. That the act of 1903 above re.
ferred to does not in any manner
make criminal offense out of the
failure to pay the license tax requir.
ed, providing simply that the tax shall
be paid and providing no penalty
| whatever for the failure to pay it, eth.
er in itself or by reference to any
| other section OF the law authorizing
| the punishment for or making the
failure to pay the license tax requir
ed public offense.
3. That failure to pay such a Ii
| cense tax as is exacted by the said
law is not in itself criminal offenso
for the reason that 1t is tax for the
purpose of raising revenue and the
matters covered by the said act are
not matters of police regulation.
4. That the act refer red to levies
an excessive, restrictive and practical
ly prohibitive license tax upon bust
ness which is lawful in itself and is
not in any manner inimical to the pub
/ c cp,hi ~
police regulation.
5. That the act above referred tC
is unconstitutional and void and the
imprisonment Hereunder is necessar
lily void for the reason that it is g
| subject for revenue and not a police
regulation and originated in the sen
ate and violates section 80 of article
V. Of the constitution of this state
requiring such bills to originate in the
house of representatives.
6. That the said act is unconstitu
tional and void for the reason tha,
it is an unwarranted interference with
interstate commerce and in confiic
with the third clause of article l, sec
tion 8, of the constitution of the Unit
ed States.
i Z. That the said act is unconstitu
tional and void for the further reason
that it denies to persons in the stat,
of Montana equal protection and dis
eliminates between persons engage,
in the same character of business an,
imposes unequal burdens upon then
contrary to section l of the fourteenth
, amendment to the constitution Of tn
, United States.