Park City v. Daniels
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. C. Loofhourow, Judge. Clifford Daniels was convicted in the Justice.’s Court of peddling without a license, contrary to ordinance. Judgment of conviction entered on appeal to the District. Court. Defendant appeals. APPELLANT’S POINTS. An ordinance passed .under fehe police power is not subject to the same test of equality or uniformity that is required of a revenue measure.
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Appeal from District Court, Third District; Hon. F. C. Loofhourow, Judge. Clifford Daniels was convicted in the Justice.’s Court of peddling without a license, contrary to ordinance. Judgment of conviction entered on appeal to the District. Court. Defendant appeals. APPELLANT’S POINTS. An ordinance passed .under fehe police power is not subject to the same test of equality or uniformity that is required of a revenue measure. The ordinance in question cannot be justified as a police regulation and as it makes an arbitrary and illegal distinction between the persons and things'to which it…
1Opinion of the CourtFrick, J.
The defendant Daniels, hereinafter called “appellant,” in May, 1913, was charged in the justice court of Park City, Summit County, Utah, with having, within the corporate limits of said city, “willfully and unlawfully engaged in the business or occupation of selling, offering for sale, soliciting and taking orders for goods, wares and merchandise, teas, coffees, spices and extracts without first having taken out and obtained *558a license,” contrary to the ordinances of said city. The particular sections of the ordiance relied on were pleaded. The appellant was convicted in the justice court and…
2Cases cited6 opinions
- Salt Lake City v. Christensen Co.Utah Supreme Court · 1908
- State v. WrightOregon Supreme Court · 1909
- State ex rel. Mudeking v. ParrSupreme Court of Minnesota · 1909
- Salt Lake City v. Utah Light & Railway Co.Utah Supreme Court · 1914
- State v. BayerUtah Supreme Court · 1908
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3Cited by1 opinion
- State v. MasonUtah Supreme Court · 1938