Garbutt v. State
Mississippi Supreme Court
Appeal from the circuit court of Stoue county. Hon. James Neville, Judge. W. H. Garbutt was convicted of violation of chapter 94, Laws 1912, and appeals. The facts are fully stated in the opinion of the court. We submit that said act under which appellant was arrested is in violation of the Constitution of the United States and acts of Congress, and tiiat a peremptory instruction should therefore have been given the defendant.
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Appeal from the circuit court of Stoue county. Hon. James Neville, Judge. W. H. Garbutt was convicted of violation of chapter 94, Laws 1912, and appeals. The facts are fully stated in the opinion of the court. We submit that said act under which appellant was arrested is in violation of the Constitution of the United States and acts of Congress, and tiiat a peremptory instruction should therefore have been given the defendant. Chapter 94, Acts of 1912, provides that each emigrant or employment agent, or person engaged in hiring laborers or soliciting emigrants or laborers to go beyond the…
1Opinion of the CourtStevens, J.
*430Appellant was convicted-for the violation of chapter 94, Laws of 1912, which requires each labor agent or employment agent, engaged in the business of soliciting or hiring laborers to go beyond the limits of the state, to pay an annual license tax of five hundred dollars for each county in which such agent operates. From the judgment convicting the defendant, and imposing a fine of five hundred dollars, appellant appeals. •
The appeal challenges the constitutionality of the act imposing the license tax. The statute reads:
“Section T. Be it enacted by the legislature of the state of Mississippi,…
2Cases cited4 opinions
- Williams v. FearsSupreme Court of the United States · 1900
- State v. Hunt.Supreme Court of North Carolina · 1901
- Williams v. FearsSupreme Court of Georgia · 1900
- State v. NapierSupreme Court of South Carolina · 1902
3Cited by3 opinions
- M. L. Virden Lbr. Co. v. StoneMississippi Supreme Court · 1948
- Smart v. City of AlbanyNew York Supreme Court · 1932
- Craig v. Ballard & Ballard Co.Mississippi Supreme Court · 1940