City of Kansas v. Vindquest
Court of Appeals of Kansas
Appeal from the Jaelcson Criminal Court. — Hon. H. P. White, Judge. (1) The charter of the City of Kansas does not authorize nor grant appellee power to impose a license upon ice dealers as such, and for that reason the ordinance read in evidence by appellee is void, in so far as it requires a license from ice dealers. The complaint, under which appellant was arrested, is void for these reasons; and the judgment should have been for appellant.
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Appeal from the Jaelcson Criminal Court. — Hon. H. P. White, Judge. (1) The charter of the City of Kansas does not authorize nor grant appellee power to impose a license upon ice dealers as such, and for that reason the ordinance read in evidence by appellee is void, in so far as it requires a license from ice dealers. The complaint, under which appellant was arrested, is void for these reasons; and the judgment should have been for appellant. (2) All the evidence shows that appellant gathered and stored his ice in the state of Kansas, and it was delivered to customers in the City of Kansas,…
1Opinion of the CourtEllison, J.
— The defendant was convicted before the recorder of the City of Kansas for engaging in the business of an “ice dealer” without a city license, as provided by ordinance. He appealed to the criminal court where he was again convicted and he has brought the case here for. review.
The case challenges the power of the city under its charter to enact an ordinance requiring an “ice dealer” to take out a license. The provision of the charter, upon which the ordinance is based, is as follows:
The common council shall have power by ordinance “To license, tax and regulate auctioneers, grocers, commission…
2Cases cited2 opinions
- City of St. Louis v. HerthelSupreme Court of Missouri · 1885
- State v. WilliamsMissouri Court of Appeals · 1889
3Cited by8 opinions
- Kansas City v. LorberMissouri Court of Appeals · 1896
- Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
- City of St. Joseph v. ElliottMissouri Court of Appeals · 1891
- City of Eldorado Springs v. HighfillSupreme Court of Missouri · 1916
- City of Troy v. HarrisMissouri Court of Appeals · 1903
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