People ex rel. Valentine v. Berrien Circuit Judge
Michigan Supreme Court
Mandamus by the People of the State of Michigan, on the relation of George M. Valentine, prosecuting attorney, to compel Orville W. Coolidge, circuit judge of Berrien county, to vacate an order quashing an information. One William B. Thompson was arrested, charged with a violation of Act No. 851 of the Public Acts of 1899, because he had filed no bond and received no license to solicit farm produce for a firm in Chicago.
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Mandamus by the People of the State of Michigan, on the relation of George M. Valentine, prosecuting attorney, to compel Orville W. Coolidge, circuit judge of Berrien county, to vacate an order quashing an information. One William B. Thompson was arrested, charged with a violation of Act No. 851 of the Public Acts of 1899, because he had filed no bond and received no license to solicit farm produce for a firm in Chicago. The court quashed the information, holding the law to be unconstitutional. The act is entitled ‘ ‘An act to license and regulate commission men and brokers.” The first…
1Opinion of the CourtGrant, J.
(after stating the facts). Acts of this character, when valid, must find a reason for their existence in the police power of the State. The act is not aimed at brokers, in the ordinary meaning of that word. It is not aimed at commission merchants generally. It is aimed solely at commission merchants who engage in the business of selling farm produce for producers upon commission. It provides 'that such a merchant shall pay a fee and execute a bond, as conditions precedent to doing business. The condition of the bond is the honest and faithful performance of his contracts. The business of…
2Cited by26 opinions
- Carolene Products Co. v. ThomsonMichigan Supreme Court · 1936
- In Re CardinalCalifornia Supreme Court · 1915
- State ex rel. Brewster v. MohlerSupreme Court of Kansas · 1916
- City of Memphis v. State ex rel. RyalsTennessee Supreme Court · 1915
- State v. Bowen & Co.Washington Supreme Court · 1915
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