The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-08-15
PEDDLERS' TAX
LAW DECLARED
TO Be INVALID
Supreme Court Holds That
Statute Passed by LegiSIa-
ture Is Unconstitutional.
SAYS LOCAL DEALERS
ARE MADE FAV0RITES
ENACTMENT is IN VIOLATION OF
BOTH FEDERAL AND STATE
CONSTITUTIONS.

= q o O. @ @ O. o o o o @ @ @ q g q @ q
q WHAT THE LEGISLATURE DID e,
i. If the legislature had regulated %
the business of peddling and {.
4. hawking. we think no fault could %
Z. have been found with the enact %
(. ment. But this is not what the {,
(. legislature did. 1t singled out but 9,
q few articles and required an an %
o nual fee or tax of $500 TO be paid %
. to peddle any OF them, while the %
9 business of peddling all other o
Z. goods and articles. including those %
9 which are injurious TO health or o.
. morals. may be carried on with @
o perfect freedom and without o
I. license. Under the act one may o.
90 peddle shotguns and bowie knives, -
Z. dynamite and gunpowder. celery %
Z. compound and cocaine. tobacco %
@ and opium without license and %
Z. with impunity; but TO peddle the \
@ Holy Bible or any other book, 9,
(. wagons. buggies. stoves. sewing -
@ machines and other articles an an o
. nual tax Of $500 is exacted.-From 9"
(. supreme court opinion. I"
. 8 8 o g o g o z, 8 @ g . o @ g @ q @
The first freak law of the last session
Of the legislature TO be declared uncon-
stitutional and void by the supreme
court is the act providing for tax Of
$500 on all itinerant peddlers OF certain
specified articles. The courts opinion
OF the legislature in passing this law.
as stated by Justice Straup. is given
above
The bill was introduced by Senator
Hollingsworth and passed both the SEN
ate and house without discussion. 1t
provides that those who peddle. or after
q -
or offer, to sell by sample to users or
consumers. clocks. agricultural imple-
ments, tools or machinery, stoves or
ranges. wagons. buggies. carriages.
washing machines. churns. pictures,
lightning rods, spectacles, jewelry, sew
ing machines. books or musical nstru-
ments. must pay the $500 state license.
Came From, Davis County.
The case upon which the opinion was
based came from the district court of
Davis county. j. z. Bayer. George T.
Bacon George Stayner and John Eek
hart were arrested for peddling bug
gies and carriages in and about Farm
ington. The company manufacturing
the vehicles is located at Grinnel. Ia.
and the men arrested represented the
concern as agents to sell a carload OF
rigs sent into Utah by the Iowa COM
pany. They were found guilty by
/ Judge Howell and fined, and an appeal
at once was taken to the supreme court
The appeal is based on the theory
| that the enactment under which the
conviction was had contravenes the
| federal constitution. in which 1t is pro-
vfded that congress alone has the
power TO regulate commerce between
| the states: that the citizens OF each
| state shall be entitled to all the priv
ileges and immunities OF citizens In the
several states, and that no state shall
make or enforce any law which
abridges the privileges or immunities
of citizens of the United States OF deny
any person within its jurisdiction the
equal protection of the laws. The court
holds that the law violates all thess
provisions and also a provision in the
state constitution which says that all
laws of a general nature shall be uni
| form in operation
Not in Good Faith.
TT is apparent" says the court. that
under the pretense Of exercising a po-
lice power or of adopting a revenue
measure the legislature passed the act
for the mere benefit of the domestic
dealers We are we'll satisfied that the
act has no such relation to the public
health or morals will sustain il as
police measure. Nor can IT, because Of
its illegal discrimination on property
and persons and lack of uniformity in
Operation, be upheld as revenue meas
ure.'
Chief Justice MeCarty and Justice
Frick concur in the opinion
Little Case Reversed.
| In another opinion written by Justice
Frick the decision of the lower court.
in the case of r. w. Little and J. c.
Little, respondents. against Agnes G.