People v. Baker
Michigan Supreme Court
Error to Ionia; Davis, J. Gerry J. Baker was convicted of peddling without a license, contrary to the provisions of a city ordinance, and sentenced to pay a fine of $10 and costs of prosecution, and, in default, to be confined in the county jail until such fine and costs should be paid, not exceeding 15 days. The charter of the city of Ionia empowers its common council to license and regulate hawkers, peddlers, etc.
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Error to Ionia; Davis, J. Gerry J. Baker was convicted of peddling without a license, contrary to the provisions of a city ordinance, and sentenced to pay a fine of $10 and costs of prosecution, and, in default, to be confined in the county jail until such fine and costs should be paid, not exceeding 15 days. The charter of the city of Ionia empowers its common council to license and regulate hawkers, peddlers, etc. It enacted an ordinance that such persons should pay a weekly license of five dollars. Respondent was tried before the court, without a jury, and convicted of a violation of this…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The ordinance is attacked as unreasonable, and therefore void. Counsel cite and rely upon People v. Armstrong, 73 Mich. 288 (16 Am. St. Rep. 578); Chaddock v. Day, 75 Mich. 527 (13 Am. St. Rep. 468); Brooks v. Mangan, 86 Mich. 576 (24 Am. St. Rep. 137); City of Saginaw v. Saginaw Circuit Judge, 106 Mich. 32. In People v. Armstrong the ordinance was one of express prohibition, not of license or regulation. In Chaddock v. Day it was held that the ordinance was not intended as a regulation of hawkers and peddlers, but was passed in the interests of shop dealers in…
2Cases cited10 opinions
- City of Grand Rapids v. BraudyMichigan Supreme Court · 1895
- People v. ArmstrongMichigan Supreme Court · 1889
- Kitson v. Mayor of Ann ArborMichigan Supreme Court · 1873
- Brooks v. ManganMichigan Supreme Court · 1891
- Chaddock v. DayMichigan Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Muskegon v. ZeerypMichigan Supreme Court · 1903
- State v. WebberSupreme Court of Missouri · 1908
- People v. SmithMichigan Supreme Court · 1907
- Mims v. City of Fort WorthCourt of Appeals of Texas · 1933
- People v. GrantMichigan Supreme Court · 1909
8 more not listed; retrieve them via the Exa API.