Legal Opinion

Smith v. Farr

Supreme Court of Colorado

Decided September 15, 1909No. 6271PublishedCited by 18 opinions

Error to Huerfano District Court — Hon. Henry Hunter, Judge. The question presented is the constitutionality of the Itinerant Vendors’ Act, Session Laws 1905, pp. 274 et seq.; Revised Statutes, § 3563 et seq. The title of the act is as follows: “An act to prevent and punish fraud in sales of manufactured goods, wares and merchandise by ‘Itinerant Vendors,’ and to regulate such sales.”

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Error to Huerfano District Court — Hon. Henry Hunter, Judge. The question presented is the constitutionality of the Itinerant Vendors’ Act, Session Laws 1905, pp. 274 et seq.; Revised Statutes, § 3563 et seq. The title of the act is as follows: “An act to prevent and punish fraud in sales of manufactured goods, wares and merchandise by ‘Itinerant Vendors,’ and to regulate such sales.” The following are the sections of the act involved: “Section 1. 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…

1Opinion of the CourtJustice Gabbert

Two propositions advanced by counsel for plaintiff in error in support of their contention that the statute in question is unconstitutional, will be considered: (1) That it undertakes to regulate or impose a burden on interstate commerce; (2) that it is discriminatory..1. Previous to the adoption of-the federal constitution the articles of confederation allowed too much sovereign power to be exercised by the states, and too little by congress. Each state was independent of the other, free to legislate with respect to its own affairs as it saw fit, and pursue that course which its own selfish…

2Cases cited33 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Brown v. MarylandSupreme Court of the United States · 1827
  3. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  4. Barbier v. ConnollySupreme Court of the United States · 1884
  5. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897

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3Cited by18 opinions

  1. Robertson v. City and County of DenverSupreme Court of Colorado · 1994
  2. People v. HinderliderSupreme Court of Colorado · 1936
  3. People ex rel. Park Reservoir Co. v. HinderliderSupreme Court of Colorado · 1936
  4. People v. MorganSupreme Court of Colorado · 1926
  5. Greeley Transportation Co. v. PeopleSupreme Court of Colorado · 1926

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