State v. Klectzen
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Fisk, J. Information against Simon Klectzen for peddling without a license. From a judgment sustaining a demurrer to the information, the state appeals. The police power of the state can only be exercised by legislative enactment. It ■ rests solely in legislative discretion to determine when'the public welfare or safety requires its exercise.
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Appeal from District Court, Grand Forks County; Fisk, J. Information against Simon Klectzen for peddling without a license. From a judgment sustaining a demurrer to the information, the state appeals. The police power of the state can only be exercised by legislative enactment. It ■ rests solely in legislative discretion to determine when'the public welfare or safety requires its exercise. A statute regulating trade, when questioned in a judicial tribunal, cannot be made to depend for its validity upon the motives that may be supposed to have influenced the legislature. Tiedeman’s Lim. Police…
1Opinion of the CourtWallin, J.
Upon the record in this case, the sole question which is presented for the decision of this Court is whether a certain statute is a constitutional and valid enactment. The statute in question was enacted at the late session of the legislative assembly of this state, and is entitled as follows: “An act taxing the occupation of hawking and peddling, and regulating the licensing of persons engaged in such occupation.” The statute contains seven sections, the several provisions of which"may be summarized as follows: Section 1 forbids peddling in any county in this state without first obtaining a…
2Cases cited4 opinions
- Kitson v. Mayor of Ann ArborMichigan Supreme Court · 1873
- Westinghausen v. PeopleMichigan Supreme Court · 1880
- Willis v. Standard Oil Co.Supreme Court of Minnesota · 1892
- State ex rel. Minces v. SohoenigSupreme Court of Minnesota · 1898
3Cited by10 opinions
- State ex rel. City of Fargo v. WetzNorth Dakota Supreme Court · 1918
- In Re GibsonNew Mexico Supreme Court · 1931
- State ex rel. Linde v. PackardNorth Dakota Supreme Court · 1915
- Boeing Company v. OmdahlNorth Dakota Supreme Court · 1969
- Goer v. TaylorNorth Dakota Supreme Court · 1924
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