Van Hook v. City of Selma
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moore. The grant of power to the corporate authorities of the city ef Selma, by the first section of the act amending the charter of the city, was of “ all the police powers and jurisdiction conferred by the charter,” outside of the city, “for regulating and licensing the sale of goods,” &c.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moore. The grant of power to the corporate authorities of the city ef Selma, by the first section of the act amending the charter of the city, was of “ all the police powers and jurisdiction conferred by the charter,” outside of the city, “for regulating and licensing the sale of goods,” &c. This is a grant of police power only, and is to be distinguished from the taxing- power, or power to grant licenses for the purpose of raising revenue. The distinction between the two powers is well recognized, and the grant of one does…
1Opinion of the Court
SOMEBYILLE, j.
Section 1 of an act of the General Assembly, approved February 12, 1879, so amends the charter of the city of Selma, as to authorize its corporate authorities “to have and exercise all the police powers and jurisdiction, conferred by the charter of the city,” within a specified terrk tor.y, adjoining and outside of the city limits.—Acts 1878-79, pp. 454-5. And it is provided, in the same section, that these powers are conferred, among other purposes, “ for regulatifig and licensing the sale of * * goods, wares and merchandise.” — lb.
An ordinance was passed, requiring a license…
2Cases cited14 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Youngblood v. SextonMichigan Supreme Court · 1875
- Borman v. StateSupreme Court of Alabama · 1859
- Mayor of New York v. Second Avenue RailroadNew York Court of Appeals · 1865
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Vernor v. Secretary of StateMichigan Supreme Court · 1914
- Crabb v. Celeste Independent School DistrictTexas Supreme Court · 1912
- Beeland Wholesale Co. v. KaufmanSupreme Court of Alabama · 1937
- City Council v. KellySupreme Court of Alabama · 1904
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
87 more not listed; retrieve them via the Exa API.