Clements v. Town of Casper
Wyoming Supreme Court
ERROR to District Court for Natrona County,-Hon. J. W. Blake, Judge. C. E. Clements was convicted of peddling without a license in the town of Casper in violation of a town ordinance, and prosecuted error. The material facts are stated in the opinion. One who sells goods exclusively by sample is not a peddler, huckster, or an itinerant merchant., The town cannot by. ordinance extend themieaning of the terin peddler as used' in the statutes beyond its ordinary legal meaning.
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ERROR to District Court for Natrona County,-Hon. J. W. Blake, Judge. C. E. Clements was convicted of peddling without a license in the town of Casper in violation of a town ordinance, and prosecuted error. The material facts are stated in the opinion. One who sells goods exclusively by sample is not a peddler, huckster, or an itinerant merchant., The town cannot by. ordinance extend themieaning of the terin peddler as used' in the statutes beyond its ordinary legal meaning. (Commonwealth v. Farnum, 114 Mass., 267; City of Kansas v. Collins, 34 Kan., 434.) The ordinance is in violation of the…
1Opinion of the Court
GRoesbeck, Chiee Justice.
■' The plaintiff in error was arrested and tried before a police justice of the Town of Casper for the violation of an ordinance of said town concerning peddlers. He was convicted and appealed to the district court of the county, wherein-he -was tried by the court and convicted. He brings error here attacking the town ordinance as-unconstitutional and void'as *496in- contravention of the provisions of the Constitution of the United States .conferring power upon Congress to regulate commerce among .the several states, as in violation of a further provision. of the Federal…
2Cases cited5 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Asher v. TexasSupreme Court of the United States · 1888
- Commonwealth v. FarnumMassachusetts Supreme Judicial Court · 1873
- City of Kansas v. CollinsSupreme Court of Kansas · 1885
- City of Fort Scott v. PeltonSupreme Court of Kansas · 1888
3Cited by7 opinions
- Whitcomb v. CarpenterSupreme Court of Iowa · 1907
- Town of Green River v. BungerWyoming Supreme Court · 1936
- State v. WilliamsSupreme Court of North Carolina · 1912
- City of Elgin v. WinchesterIllinois Supreme Court · 1921
- Citizens Bank v. Crittenden Record-PressCourt of Appeals of Kentucky · 1912
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