State v. Emert
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The so-called peddler’s law, so far as it applies to the selling of the machine in question, is a regulation of commerce among the states, and violates the provisions of the constitution of the United States, which grants to congress the power to make such regulations.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The so-called peddler’s law, so far as it applies to the selling of the machine in question, is a regulation of commerce among the states, and violates the provisions of the constitution of the United States, which grants to congress the power to make such regulations. “Interstate commerce cannot be taxed at all by a state, even though the same amount of tax should be levied on domestic commerce, or that which is carried on solely within the state. Robbins v. Taxing District, 120 U. S. 489 ; Coicnty of Mobile v. Kimbail,…
1Opinion of the CourtMacfarlane, J.
Plaintiff was prosecuted upon information before á justice of the peace, for following the business of a peddler without having a license therefor. The case was appealed to the circuit court of Montgomery county, where it was tried, defendant found guilty and a fine of $50 imposed upon him. From the judgment he has appealed to this court,- on the ground that a constitutional question is involved.
The case was submitted to the court upon the following agreed statement of facts:
“For the purpose of dispensing with evidence in the above-entitled cause, in the circuit court, it is agreed, by and…
2Cases cited13 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Brown v. MarylandSupreme Court of the United States · 1827
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Leisy v. HardinSupreme Court of the United States · 1890
- Welton v. MissouriSupreme Court of the United States · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. WebberSupreme Court of Missouri · 1908
- Saulsbury v. StateCourt of Criminal Appeals of Texas · 1901
- Rogers v. Union Iron & Foundry Co.Missouri Court of Appeals · 1912
- State v. LooneySupreme Court of Missouri · 1907
- State v. SmithsonSupreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.