City of Butte v. Paltrovich
Montana Supreme Court
Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Victor Paltrovich was convicted of violating an ordinance. From tbe judgment, and an order denying bimi a new trial, be appeals. Tbe business of a pawnbroker is neither illegal, immoral nor against public policy. Ordinances in contravention of tbe general policy of state legislation upon tbe same subject, are void.
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Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Victor Paltrovich was convicted of violating an ordinance. From tbe judgment, and an order denying bimi a new trial, be appeals. Tbe business of a pawnbroker is neither illegal, immoral nor against public policy. Ordinances in contravention of tbe general policy of state legislation upon tbe same subject, are void. Tbe state bas not attempted to prohibit the business of pawn-brokerage, and tbe state has only delegated to' cities tbe power to tax, license and regulate; tbe power to “regulate” does not include tbe power…
1Opinion of the CourtJustice Holloway
The appellant, Victor Paltrovich, was convicted in the police magistrate’s court of the city of Butte of violating; Ordinance No. 586 of that oity. He appealed to the district court, where the cause was tried on an agreed statement of facts. The facts agreed upon are that Ordinance No. 586 was duly passed by the city council, approved by the mayor, and published and recorded as required by law; that defendant, Paltrovich, was a pawnbroker engaged in that business in the city of Butte; that he kept his place of business open and transacted such business after 6 o’clock p. m. on January 7, 1902…
2Cases cited10 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
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- Hopper v. StackSupreme Court of New Jersey · 1903
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- People v. GibbsMichigan Supreme Court · 1915
- State v. Gateway Mortuaries, Inc.Montana Supreme Court · 1930
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