Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1913-07-22
TRANSIENT TAX
IS ILLEGAL
Test Case Is Being Made in
Hoquiam as to So-Called
Transient Merchants
DECISION IS IMPORTANT
Court Holds City Has Right
to Regulate Merchandise
ing Within Limits

MONTESANO, July 21.-The valid
ity of the transient merchant ordi'
nance of Hoquiam, which was attack.
ed by the defendant in the case o.
the City of Hoquiam VS.. Samuel Paul.
tried last Friday in police was up
held by Judge Charles w. Smith yes
terday. The defendant was assessed
q fine of $50 and costs with this pro-
vision: If Mr.. Paul complies with
the ordinance within ten days by pay
ing the amount of license fees due
will be remitted; otherwise it will
remain in force.
Mr.. Paul declared that he will not
nay the fine; that he will appeal the
case to the superior court and will
also institute proceedings against the
city for damages for false imprison'
ment. He enjoyed four-hour siesta
in the city Jail when first placed un-
der arrest last week, in preference to
putting up $50 cash bail. Later, act
ing under advice of his attorney, he
put up the bail, which was returned
to him at the time of the trial
Following are extracts from the de-
cision of Judge Smith:
From the testimony herein the
court finds the defendant guilty as
charged in the complaint. The prin-
cipal defense interposed and the only
defense to be considered, is that said
ordinance is void as being repug-
nant to the constitution of the Unit
ed States and the state of Washing
ton; first, because the license fees
therein imposed are excessive and
prohibitive and unlawful for purposes
of police regulation; second, because
It unlawfully discriminates between
persons in the same class of busi-
ness.
"The legislature has given to cities
of the second class absolute author
ity to impose license upon transien.
merchants both for revenue and for
police regulation. This ordinance is
clearly for those purposes.
"Relative to the first contention OF
the defendant we cannot agree with
counsel that the license herein i'm.
posed is purely for regulation purpos'
es. Were this true, there would be
some grounds for defendants con
tention that the amounts provided
are excessive and unjust for that
purpose alone. 1t is apparent, how
ever. from the amounts provided
therein as a license fee under the
different circumstances, that they are
intended as a tax upon the mer
chants of the character therein de
scribed, and as such it is clearly nc
violation of any constitutional right
of the defendant, under the uniform
decisions of our supreme court.
"As to the second contention, the
case of Mcknight VS.. Hodge, 5s
Wash, 289, is in our estimation con
elusive. uc Ic6loloIuiS AssS oA'S-- -
municipalities the power to dlscrlm
mate between individuals engaged In
the same business, for purposes OF
taxation and police regulation and II
is only obligatory upon the city te
make a reasonable discrimination OF
classification of the same, with rela
ton to the business engaged In, anc
not discriminate between persons
placed in the classes or sub-classes
The ordinance herein defines who are
to be considered transient mer
chants and has fixed the amount o.
the license tax to be paid by all who
come within that class, and so lonf
as such license charge is reasonable
and not prohibitive, the tax must be
sustained.
"The fees required under the ordi
nance herein cannot be considered
unreasonable or prohibitive, especial
ly in view of the fact that If the II
censee remains within the city Sly
months 80 per cent of the license
fee is returned to him."