Campbell v. City of Anthony

• Decision Date: 09 February 1889
• Citation: 40 Kan. 652,20 P. 492
• Parties: E. A. CAMPBELL v. THE CITY OF ANTHONY
• Court: Kansas Supreme Court

20 P. 492

40 Kan. 652

E. A. CAMPBELL v. THE CITY OF ANTHONY

Supreme Court of Kansas

February 9, 1889

Appeal from Harper District Court.

PROSECUTION for the violation of a city ordinance. The defendant Campbell appeals from a judgment against him at the January term 1887.

Judgment affirmed.

Isaac A. Love, for appellant.

Geo. E McMahon, for The City.

SIMPSON C. All the Justices concurring.

OPINION

SIMPSON, C.:

This is a criminal appeal from the district court of Harper county. The appellant was convicted of a violation of a city ordinance relating to license taxes, which provided: "That a semi-annual license tax be levied upon and collected from each and every person, association of persons, prosecuting their trade or calling within the city limits, and coming within the provisions of this ordinance; said tax to be as follows." Among those enumerated in the ordinance are lumber dealers, each $ 25. The case was submitted for trial in the district court upon the following agreed statement of facts:

"1. The defendant, at the time charged in the complaint was, and still is, the agent of the Rock Island Lumber Company, a foreign corporation, having a lumber yard for the sale of lumber within the limits of said city of Anthony.

"2. As such agent the defendant has had charge of said corporation's lumber yard, in the said city of Anthony, and the conducting of said business in the selling of lumber, collecting the proceeds thereof, and accounting thereof to said corporation.

"3. At the time in said complaint charged, neither this defendant nor said Rock Island Lumber Company held or were acting under a license to engage in the business of a lumber dealer, or any license from said city of Anthony, and that said business was carried on and is still being carried on without having purchased a license therefor from the city clerk of said city of Anthony.

"4. The defendant, E. A. Campbell, has no interest in the Rock Island Lumber Company, and owns no part of its stock, and is working for it for a certain sum of money per month as an employe, and has no power to direct the management of the said corporation's affairs, and has only power to do what is by his superiors directed, and that he had no authority from it to procure a license from said city for said corporation; also that he has nothing to do with the purchasing of lumber or any of the supplies."

The court found the appellant guilty of a violation of the ordinance, and assessed a fine against him of $ 25, and costs amounting to $ 10.60. In this court these two propositions are urged as sufficient for a reversal of the judgment...