Jones v. City of Opelika
Decision Date | 22 May 1941 |
Docket Number | 5 Div. 343. |
Citation | 241 Ala. 279,3 So.2d 76 |
Parties | JONES v. CITY OF OPELIKA. |
Court | Alabama Supreme Court |
Writ of Certiorari Granted Oct. 13, 1941.
See 62 S.Ct. 93, 86 L.Ed. ---.
Certiorari to Court of Appeals.
Duke & Duke, of Opelika, for petitioner.
Grover C. Powell, of Atlanta, Ga., opposed.
The certiorari seeks to review the ruling of the Court of Appeals in Rosco Jones v. City of Opelika, 3 So.2d 74, wherein it was held that an ordinance of the City of Opelika was void as applied to the defendant. The motion for rehearing which was denied by the Court of Appeals is, in part, as follows:
The opinion now sought to be reviewed, among other things, found:
The judgment of the Court of Appeals is based on the case of Lovell v. City of Griffin, 303 U.S. 444, 58 S.Ct 666, 669, 82 L.Ed. 949, where Mr. Chief Justice Hughes said:
In Schneider v. State of New Jersey, Town of Irvington, 308 U.S. 147, 60 S.Ct. 146, 152, 84 L.Ed. 155, the above case was explained by Mr. Justice Roberts, as follows:
In Cox v. State of New Hampshire, 61 S.Ct. 762, 765, 85 L.Ed. 1049, Mr. Chief Justice Hughes said, of an ordinance imposing a tax on parades, as follows:
When these cases are considered, it is apparent that the Lovell case, supra, is based on ordinances that prohibited or censored the distribution of literature. It was decided on March 28, 1938. Thereafter, the case of Schneider v. State of New Jersey, Town of Irvington, supra, was decided, and it held that commercial distribution was subject to due regulation, as distinguished from the free distribution of literature, as we have indicated above.
In the instant case the defendant carried a bundle of booklets entitled "Face the Facts and learn the only way of escape," and "Fascism or Freedom." He cried "Two copies for five cents." The appellant in the Cox case, supra, and in the instant case did not apply for the permit or license required by the respective ordinances. The decision by Mr. Chief Justice Hughes was to the effect that the City of Manchester (Cox v. State of New Hampshire, supra, 61 S.Ct. 762, 85 L.Ed. 1049) had the right and authority to control its streets and that the same power extended to regulation thereof by licenses. Such is the case now for decision.
It results, therefore, that the Lovell case, supra, is not decisive of the case at bar. The ordinances dealt with were "ordinances on prohibition or censorship" and those dealt with in the Cox case, supra, and in the case at bar, are licenses imposed for police protection and public order. It was held that a privilege license may be imposed without a conflict with the Constitution of the United States or any amendment thereof.
Since the decisions above referred to, the District Court of the United States has handed down a decision in Leiby et al v. City of Manchester, 33 F.Supp. 842, 843, where an ordinance penalizing any person ...
To continue reading
Request your trial-
Jones v. City of Opelika Bowden v. City of Fort Smith, Ark Jobin v. State of Arizona 966
...licensing of the sale of books or tracts was constitutional, reversed the Court of Appeals, and stayed execution pending certiorari. 241 Ala. 279, 3 So.2d 76. This Court, having granted certiorari, 314 U.S. 593, 62 S.Ct. 93, 86 L.Ed. —-, dismissed the writ for lack of a final judgment. 315 ......
-
Busey v. District of Columbia
...v. State (Town of Irvington), 308 U.S. 147, 60 S.Ct. 146, 84 L.Ed. 155. Jones v. City of Opelika, Ala.App., 3 So.2d 74, reversed, 241 Ala. 279, 3 So.2d 76, certiorari granted, 314 U.S. 593, 62 S.Ct. 93, 86 L.Ed. ___, writ dismissed for want of a final judgment, 62 S.Ct. 630, 86 L.Ed. 13 Cf.......
- Thomas v. Davis, 4 Div. 196.
-
Jones v. City of Opelika
...agents or distributors of books or pamphlets for sale on the streets of said City. The Court of Appeals reversed the judgment. Jones v. City of Opelika, 3 So.2d 74. petition for certiorari to this Court by the City of Opelika, a writ of certiorari was awarded and the judgment of the Court o......