State ex rel. Toi v. French
Montana Supreme Court
Appeal from First Judicial District, Lewis cmd Glárice Gounty. Petition for a writ of mandamus to compel the issuance of a laundry license. Judgment was rendered for the relator below by Blake, J. Statement of the case by the justice delivering the opinion.
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Appeal from First Judicial District, Lewis cmd Glárice Gounty. Petition for a writ of mandamus to compel the issuance of a laundry license. Judgment was rendered for the relator below by Blake, J. Statement of the case by the justice delivering the opinion. This is an appeal from the judgment of the district court upon an application for a writ of mandate requiring the appellant to accept $10 as a license fee from the respondent, and to issue to respondent a license to conduct a laundry. Sections 4079 and 4080 of the Political Code are as follows: “Sec. 4079. Every male person engaged in the…
1Opinion of the CourtDe Witt, J.
It appears that the legislative assembly divided laundry licenses into three classes, as follows: Steam laundry, $15; one male laundryman, $10; male laundryman employing one or more other persons, $25. The respondent *56contended in the lower court — a contention which prevailed-^ that this legislation is unequal and not uniform, and therefore void, under the constitution.
The legislature is not required to tax all property and occupations equally or uniformly, unless so commanded by the constitution. (Cooley on Taxation, p. 570, chap. 6, quoting Butler’s Appeal, 73 Pa. St. 448; Mayor, etc., of…
2Cases cited19 opinions
- Pacific Express Co. v. SeibertSupreme Court of the United States · 1892
- Taylor v. PalmerCalifornia Supreme Court · 1866
- Emery v. San Francisco Gas Co.California Supreme Court · 1865
- People v. ColemanCalifornia Supreme Court · 1854
- Ex parte MirandeCalifornia Supreme Court · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hilger v. MooreMontana Supreme Court · 1919
- State v. Camp SingMontana Supreme Court · 1896
- State v. State Board of EqualizationMontana Supreme Court · 1919
- State v. McKinneyMontana Supreme Court · 1904
- Evers v. HudsonMontana Supreme Court · 1907
28 more not listed; retrieve them via the Exa API.