Legal Opinion

Gamble v. City Council

Supreme Court of Alabama

Decided July 1, 1906PublishedCited by 22 opinions

Appeal from Montgomery City Court. Tried before the Hon. W. H. Ti-iomas. The appellant in this case, J. E. Gamble, was tried and convicted before the recorder of the city of Montgomery fox a violation of the city ordinance for carrying on without a license, the business of furnishing trading-stamps to merchants to be distributed by them to their customers for use in purchasing other merchandise.

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Appeal from Montgomery City Court. Tried before the Hon. W. H. Ti-iomas. The appellant in this case, J. E. Gamble, was tried and convicted before the recorder of the city of Montgomery fox a violation of the city ordinance for carrying on without a license, the business of furnishing trading-stamps to merchants to be distributed by them to their customers for use in purchasing other merchandise. An appeal was taken by the defendant to the city court of Montgomery, wherein upon proper proceedings had the defendant was again convicted, and, from such judgment of conviction, takes tlie present…

1Opinion of the CourtAnderson, J.

The sole question involved in this appeal is the validity of the ordinance under which this defendant was convicted in the court below.

Section 10 of the act of 1894, page 635, provides “That said city council shall have the power to license all business, trades, occupations and professions not prohibited by the constitution and laws of the state of Alabama.”

It is settled law in this state that the legislature can confer upon cities and towns the power to impose a license tax upon businesses and professions. — N. C. & St. L. Ry. v. Attalla, 118 Ala. 362; Elsberry v. State, 52 Ala. *6848; Ex parte…

2Cases cited11 opinions

  1. Van Hook v. City of SelmaSupreme Court of Alabama · 1881
  2. Wiggins Ferry Co. v. East St. LouisSupreme Court of the United States · 1883
  3. City of St. Louis v. WeberSupreme Court of Missouri · 1869
  4. Phœnix Carpet Co. v. StateSupreme Court of Alabama · 1897
  5. Nashville, Chattanooga & St. Louis Railway v. City of AttallaSupreme Court of Alabama · 1897

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Vernor v. Secretary of StateMichigan Supreme Court · 1914
  2. Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
  3. City of Bessemer v. Bessemer Theatres, Inc.Supreme Court of Alabama · 1949
  4. State v. Pure Oil Co.Supreme Court of Alabama · 1951
  5. Republic Iron & Steel Co. v. StateSupreme Court of Alabama · 1920

17 more not listed; retrieve them via the Exa API.

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