State v. Harrington
Supreme Court of Vermont
•Information for violation of No. 59, Acts 1894, requiring “itinerant vendors” to take out license. Heard upon general demurrer at the June term, 1895, Orange county, Rowell, J., presiding. Demurrer overruled. The respondent excepts. Any citizen may pursue any lawful calling unfettered by legislative enactment. Cooley, Const.
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•Information for violation of No. 59, Acts 1894, requiring “itinerant vendors” to take out license. Heard upon general demurrer at the June term, 1895, Orange county, Rowell, J., presiding. Demurrer overruled. The respondent excepts. Any citizen may pursue any lawful calling unfettered by legislative enactment. Cooley, Const. Lim., 744. The government is for the'common benefit and cannot discriminate against a class. 3 Coke Inst., 161; Darcy v. Attain, 11 Coke Rep. 84. No distinction can be made between itinerant vendors and resident vendors. Cooley, Const. Lim., 481 et seq.\ Lin Sings.…
1Opinion of the CourtTyler, J.
The information is based upon No. 59, laws of 1894, in which the words “ itinerant vendors ” are construed to mean and include all persons who engage in a temporary or transient business, either in one locality or in traveling from place to place selling goods, wares and merchandise, and who, for the purposes of carrying on such business, hire, lease or occupy any building or structure for the exhibition and sale of such goods, etc. The law excludes from its provisions sales made to dealers by commercial travelers and selling agents in the usual course of business, and to bona fide sales of…
2Cases cited20 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Welton v. MissouriSupreme Court of the United States · 1876
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- In Re RahrerSupreme Court of the United States · 1891
- Ward v. MarylandSupreme Court of the United States · 1871
15 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- State v. AuclairSupreme Court of Vermont · 1939
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Levy v. StateIndiana Supreme Court · 1903
- State v. ScampiniSupreme Court of Vermont · 1904
27 more not listed; retrieve them via the Exa API.