Legal Opinion

Parsons v. People

Supreme Court of Colorado

Decided January 15, 1904No. 4722PublishedCited by 31 opinions

Error to the County Court of La Plata County. The constitutionality and, as to druggists, the applicability, of sections 18 and 19 of our general revenue law (Session Laws 1902, pages 47, 48), have been called in question by the state druggists’ association, of which defendant is a member, and by others embraced within its provisions, who have refused to pay the license fee therein prescribed.

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Error to the County Court of La Plata County. The constitutionality and, as to druggists, the applicability, of sections 18 and 19 of our general revenue law (Session Laws 1902, pages 47, 48), have been called in question by the state druggists’ association, of which defendant is a member, and by others embraced within its provisions, who have refused to pay the license fee therein prescribed. The attorney general and opposing counsel concur in the statement that the defendant, who is a reputable business man, not intending to violate any valid law of the state, but for the purpose of setting…

1Opinion of the CourtJustice Campbell

That the objections of defendant to this legislation may be clearly apprehended, we reproduce them here as summarized by his counsel: (1) These particular sections are not within the governor’s proclamation, under which was convened the special session of the general assembly at which the revenue act in question was passed; (2) they are not applicable to druggists doing business in towns and cities organized under the general laws of this state, because, by the provisions of subdivision 18 of section 4403, hereinabove quoted, druggists may be given permits by the city council to sell for the…

2Cases cited19 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. People ex rel. Elder v. SoursSupreme Court of Colorado · 1903
  3. People ex rel. Seeley v. MaySupreme Court of Colorado · 1885
  4. State v. ShoresWest Virginia Supreme Court · 1888
  5. Rosenbloom v. StateNebraska Supreme Court · 1902

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3Cited by31 opinions

  1. Johnson v. McDonaldSupreme Court of Colorado · 1935
  2. Ray v. DenverSupreme Court of Colorado · 1942
  3. Gray v. GoldenSupreme Court of Florida · 1956
  4. State Ex Rel. State Aeronautics Commission v. Board of Examiners of StateMontana Supreme Court · 1948
  5. People ex rel. Attorney General v. JohnsonSupreme Court of Colorado · 1905

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

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