Ex parte Case
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 2. Statement by Me. Justice Eakin. R. (1. Case was charged in the justice’s court with the crime of peddling without a license, namely, with a two-horse wagon he did wrongfully and unlawfully, outside the corporate limits of any city and town, peddle to Jim Hayes a two-seated, open-.topped vehicle without first obtaining a license so to do, as provided by statute.
Read the full summary
From Coos: John S. Coke, Judge. Department 2. Statement by Me. Justice Eakin. R. (1. Case was charged in the justice’s court with the crime of peddling without a license, namely, with a two-horse wagon he did wrongfully and unlawfully, outside the corporate limits of any city and town, peddle to Jim Hayes a two-seated, open-.topped vehicle without first obtaining a license so to do, as provided by statute. He was tried in the said justice’s court and convicted, and judgment was rendered against him that he pay a fine of $150 and the costs of the action, being committed to the custody of the…
1Opinion of the CourtJustice Eakin
1. Two points are relied upon on this appeal: (1) That petitioner’s acts did not constitute peddling or a violation of the statute; and (2) that Section 4961-4967, L. O. L., under which the prosecution was had, is unconstitutional and void as to this petitioner, as it *296contravenes and violates the Constitution of the United States. As to the first question that the acts of the petitioner did not constitute peddling, the statute (Section 4961, L. O. L.) defines the term “peddler,” as used therein: “The term ‘peddler,’ as used in this act, means and includes the following persons: (1) * * (2)…
2Cases cited9 opinions
- May v. New OrleansSupreme Court of the United States · 1900
- State v. SchlenkerSupreme Court of Iowa · 1900
- State v. WrightOregon Supreme Court · 1909
- Commonwealth v. GardnerSchuylkill County Court of Quarter Sessions · 1890
- Spaulding v. McNaryOregon Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. AnthonyOregon Supreme Court · 1946
- Gibson v. KayOregon Supreme Court · 1914
- Sterett & Oberle Packing Co. v. PortlandOregon Supreme Court · 1916
- Phillips v. City of BendOregon Supreme Court · 1951
- Ideal Tea Co. v. SalemOregon Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.