The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1910-03-26
LICENSE LAW HELD TO
Be invalid BY BREEZE

-444 U. s.; Lochner VS.. New York,
1888 U. S. As; Brennan VS.. Titus
vile 1853 U. s. 2S9; Ex parte Ros-
enbiatt. 10 Nevada 439; Spaulding
VS.. Evenson, 149 Federal Rep. 913;
Be. on vs.. Loche, SO Pac. 72l.
A UTAH CASE
The supreme court of Utah. August
Ii, 1903, in the case OF he State VS..
B. Boyer ct al 81 Pac. rendered an
opinion which seems to cover this
question very fully from which l
quote at some length towit: THE
state has the undoubted right to
classify occupations, SO long as there
is no discrimination against citizens
or properly of other states. 1t Is
essential however to the constitu-
tioality OF such statutes that the tax
apply equally to all persons of a CIV
en- class and is uniform and equal.
The right of state to enact laws
to regulate or restrict the sale of
articles deemed injurious to health
Or morals Of the community is also
unquestioned. Avocations and en-
ployments pursued within the state.
not directly connected with interstate
! commerce. or with some other en-
pioyment or business exercised under
auth6 ,ity Of the constitution and laws
of the United States, and all property
within the state mingled with and
forming a great part OF the great
mass o, property therein, are subject
to he taxing and police power OF the
state. The legislature undoubtedly
has the power to regulate the bust
ness of peddling and hawking within
its territory. The ordinary meaning
Of pe1dler or a hawker is an timer
. ant travelling trader who carries
goods about in order to sell then
q and who actually sells them to pur
chascrs by delivering the goods a
: the time Of the sale, contradistinc
ton to the trader who has goods t,
sell and sells them in fixed plac'
t Of business
( VIOLATES CONSTITUTION
1--WE are we'll satisfied that the &C
Q has no such relation to the publ
i health or morals as will sustain
: as a police measure. Nor can it be
: cause of its illegal discrimination Q
8 properly and persons and lack of un
formity In operation as a reyenu
J. measure. We think 1t repugnant bot
to The provisions of the federal COZ
:. slitutior that no state shall abridg
# the privileges or immunities of ci
IS liens OF the United States, nor den
d to tersons within its jurisdictio
the equal protection of the laws, an
9 and The provisions of the state const
9 tutlon requiring all laws of gene
al nature to be uniform in operi
ton. The Judgement Of the coul
IS telow Is therefore reversed and tt
e cause is remanded with directions
If dismiss the action and discharge Il
If de ftrdants."
le NOT POLICE REGULATION
There is no provision in the act
Of 1905 for regulating the business Of
q itine, ant merchants after the licen
IS Is paid, nor any other element ten
m ing to indicate that the act was
is tended as a police regulation.
OF An occupation which s not det
re mental to public health. morals
to safety cannot be prohibited by sta
q, nor can conditions be imposed
m a iicerse or otherwise, which W
,ds amount to such prohibition.
IN. IN re Quong Woo, 13 Federal F
ct port 229; Laundry License Cases,
IS Fedora Report 7O1; Walsh vs.. CT
gn Of d, nver, So Pac. 458.
At The attorney general of Nevada /
s. rendered an opinion upon these Il
islauive enactments also holding tt
R. in his opinion they are unconsti
wn tional and void.
3D. Yours truly,
20; JOHN NJ. BREEZE,
40 nfstrio< Az,