State v. Coca Cola Bottling Works, Inc.

SIMPSON, Judge.

The controlling question is whether a non-discriminatory privilege license laid upon “Each person engaged [in this State] in the business of selling at wholesale nonalcoholic, carbonated, or other soft drinks * * * ” 1935 Rev.Code, Sec. 348, Schedule 129, Gen.Acts of Ala. 1935, pp. 256, 441, 491, as applied to appellee (defendant), infringes the commerce clause of the Federal Constitution. This appeal challenges the correctness of the decision of the trial court in ruling in the affirmative with respect thereto.

The appellee, a non-resident corporation of Columbus, Mississippi,…