Eaton v. People
Supreme Court of Colorado
Error to Chaffee County Court — Hon. Joseph Newitt. Judge. Plaintiff in error was convicted and fined for violating the “Itinerant Vendors’ Act,” Session Laws 1905, p. 274. Sec. 1. of the act is as follows: “The term 'Itinerant Vendor,’ for the purposes of this act, shall mean and include any person, either principal or agent, who engages in either a temporary or transient business in this state, either in one locality or in traveling about the country, or from place to…
Read the full summary
Error to Chaffee County Court — Hon. Joseph Newitt. Judge. Plaintiff in error was convicted and fined for violating the “Itinerant Vendors’ Act,” Session Laws 1905, p. 274. Sec. 1. of the act is as follows: “The term 'Itinerant Vendor,’ for the purposes of this act, shall mean and include any person, either principal or agent, who engages in either a temporary or transient business in this state, either in one locality or in traveling about the country, or from place to place, selling manufactured goods, wares or merchandise, and it shall include peddlers and hawkers, and also those who, for…
1Opinion of the CourtJustice Gabbert
A peddler is defined as ‘ ‘ one who travels about retailing small wares.” — (Webster.) According to the same authority, a hawker is ‘ ‘ one who sells wares by crying them in the street. ’ ’
Conceding, but not deciding, that peddlers and hawkers, as defined by the lexicographers, must secure a license, the question presented is, does the statute embrace one employed by a resident mercantile house to solicit orders for merchandise? We think not. The itinerant vendor defined by the statute, so far as necessary to determine, only includes those engaged in a temporary or transient business in the'…
2Cases cited3 opinions
- Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
- City of Wausau v. HeidemanWisconsin Supreme Court · 1903
- City of Waterloo v. HeelyAppellate Court of Illinois · 1899
3Cited by3 opinions
- State v. MarcusNew Mexico Supreme Court · 1929
- Williams v. City of DadevilleAlabama Court of Appeals · 1950
- C. F. Adams Co. v. City & County of DenverSupreme Court of Colorado · 1919