City of Grand Rapids v. Braudy

• Decision Date: 02 July 1895
• Citation: 105 Mich. 670,64 N.W. 29
• Court: Michigan Supreme Court
• Parties: CITY OF GRAND RAPIDS v. BRAUDY.

64 N.W. 29

105 Mich. 670

CITY OF GRAND RAPIDS v. BRAUDY.

Supreme Court of Michigan

July 2, 1895

Certiorari to superior court of Grand Rapids; Edwin A. Burlingame Judge.

The city of Grand Rapids prosecuted Max Braudy for violating an ordinance relative to junk dealers. The proceedings were quashed, and the city brings certiorari. Reversed.

It is not unreasonable to prohibit licensed pawnbrokers and junk dealers from purchasing from boys, intoxicated persons, or habitual drunkards.

The defendant was convicted of engaging in the business of junk dealer in the city of Grand Rapids without having procured a license therefor from the common council contrary to the provisions of "An ordinance relative to licensing and regulating pawnbrokers, junk dealers, and dealers in second-hand goods." The trial and conviction were had in the police court of the city. He thereupon appealed the case to the superior court of the city. The superior court, upon motion of the defendant, quashed the complaint and warrant upon the ground that the provisions of the ordinance, particularly those of sections 7, 8, and 11, were unreasonable, and in restraint of trade. The entire ordinance is as follows:

"Section 1. No person shall engage in the business of pawnbroker junk dealer or dealer in second-hand goods and merchandise except furniture, in the city of Grand Rapids, without a license therefor from the common council of said city.

"Sec. 2. Every person, and all persons, desiring to engage in the business of pawnbrokerage, junk dealing, in said city of or in the business of dealing in second-hand goods and merchandise, except furniture, in said city, shall make application in writing to said common council, specifying (as near as may be) the street and building in which he, she or they intend to carry on said business, signed by at least twelve free-holders, citizens of said city, of good reputation, certifying to the good reputation, fair fame and moral character of the applicant or applicants.

"Sec. 3. After such application shall be granted, and before a license shall be issued thereon, pawnbrokers shall execute a bond to the city of Grand Rapids in the penal sum of five thousand dollars; and junk dealers and other persons included in this ordinance shall execute a bond to said city in the penal sum of two thousand dollars with one or more sufficient securities, to be approved by the mayor, conditioned that he, she or they will in all respects comply with and faithfully observe all the requirements of the charter and ordinances of the city of Grand Rapids relative to pawnbrokers, junk dealers and dealers in second-hand goods and merchandise, except furniture. And the said pawnbrokers shall also pay into the treasury of said city the sum of fifty dollars per annum, and the junk dealers and second-hand dealers shall pay into the treasury of said city the sum of twenty-five dollars per annum as a license fee, before such license shall be issued.

"Sec. 4. Whenever said common council shall have determined to grant a license to such applicant or applicants and upon the presental to the clerk of said city of the bond hereinbefore provided for, and the receipt of the treasurer of said city for the license fee, the said clerk shall issue to the said person or persons a license under the seal of the city, in which it shall be stated that the same is revocable at any time by the common council of said city for such time as the said common council shall have prescribed therefor; but before receiving such license such applicant or applicants shall pay to said clerk as a fee for issuing and recording the same, the sum of one dollar, and before the said clerk shall issue any such license he shall record the same in a book to be provided for such purpose.

"Sec. 5. No person or persons, licensed as a pawnbroker, a junk dealer, or as a dealer in second-hand goods or merchandise, except furniture, shall by virtue of one license keep more than one house, shop or place for such business of pawnbroker, junk dealer or dealer in second-hand goods, except furniture; provided, however, that such person or persons may remove from one place of business to another in said city by giving immediate written notice of such removal to the chief of police of said city and of the building (as near as may be) and of the street to which removal is made.

"Sec. 6. Every person or firm licensed under this ordinance shall cause his or her name or the firm name (as the case may be) with the words 'licensed pawnbroker,' 'licensed junk dealer,' or 'licensed dealer in second-hand goods and merchandise,' (as the case may be) to be printed or painted, in large legible characters, and placed over the outside or door, or entrance of his, her or their shop, office or place of business.

"Sec. 7. Every person, or firm of persons, licensed to carry on either of said businesses in said city, shall keep a book, in which shall be written legibly in ink, at the time of the purchase, or taking of any goods, article or thing, an accurate account and description in the English language, of the goods, article or other thing purchased or pledged, the amount of money paid therefor, the time of purchasing or taking the same, the name and residence of the person selling or pledging such goods, article or thing, and a description of the person or persons (as near as may be) from whom the same were purchased or taken. And, when any watch is purchased or taken, the person or firm of persons so licensed, shall also write in such book the name of the maker thereof and its number; and when jewelry, or gold or silver articles of any kind are purchased or taken, he, she or they shall note, in said book, all letters or marks, described, engraved or cut thereon.

"Sec. 8. That it shall be the duty of every person or firm of persons aforesaid, to make out and deliver to the chief of police of said city, every day before the hour of twelve o'clock noon, a legible and correct copy from the book required in section 7 hereof, giving an accurate account and description of each and all of the articles and things purchased or taken during the preceding day, the price paid therefor, the precise time of purchase or taking, the name and residence of the person or persons, from whom such purchases were made, and a description of the person or persons (as near as may be) from whom purchased or taken.

"Sec. 9. The book provided for in section 7 of this ordinance shall at all reasonable times be open to the inspection of the mayor of said city, or of the chief of police, or any member of the police force, thereunto authorized by the said chief of police.

"Sec. 10. It shall be the duty of every person or firm of persons, licensed as aforesaid, upon him, her or them (as the case may be) receiving information or learning that any goods, article or thing left with him, her or his or her firm, has been lost or stolen, to notify in writing the chief of police of the fact, giving the name of the person from whom he, she or they received the same, the time when it was received, and of any other facts connected therewith, that may tend to the discovery or conviction of the thief or thieves.

"Sec. 11. No person or firm of persons, licensed as aforesaid, shall purchase or take any goods, articles or thing offered him, her or them, from any person under the age of sixteen years, or from any person who is at the time intoxicated, or from any person who is an habitual drunkard; nor, knowingly, take or purchase from any servant or apprentice any goods, article or thing, without first ascertaining that such article or thing is the property of the person or persons offering to sell or pledge the same.

"Sec. 12. Any person or persons who shall violate any of the provisions or requirements of this ordinance, on conviction thereof shall be punished by a fine of not less than five dollars, nor more than fifty dollars and costs of prosecution; or, by imprisonment at hard labor in the

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