City of St. Paul v. Marvin

• Decision Date: 01 January 1871
• Citation: 16 Minn. 91
• Parties: CITY OF ST. PAUL v. JOHN A. MARVIN.
• Court: Minnesota Supreme Court

16 Minn. 91

CITY OF ST. PAULv.

JOHN A. MARVIN.

Supreme Court of Minnesota.

Certiorari to the city justice, city of St. Paul.

Brisbin & Palmer, for petitioner.

W. A. Gorman, City Atty., for respondents.

McMILLAN, J.

The city charter of the city of St. Paul, among the powers conferred upon the city council, contains the following: "To license and regulate the selling or contracting for the sale of any goods, wares, or merchandise, by samples, when such goods, wares, or merchandise are thereafter to be sent or delivered to the purchaser." Sp. Laws 1868, p. 70.

Under this provision of the charter the city council enacted an ordinance as follows:

"Section 1. It shall not be lawful for any person to sell or expose for sale by sample any goods, wares, or merchandise, not manufactured within this state, within the city of St. Paul, when such goods, wares, or merchandise are thereafter to be sent or delivered to the purchasers, without first having obtained a license for that purpose.

"Sec. 2. Any person desiring to sell by sample in said city may, by paying to the city treasurer the sum of five dollars for every three days, obtain a license from the city clerk, under the seal of the city, on presentation of the city treasurer's receipt.

"Sec. 3. Any person who violates any of the provisions of this ordinance shall, upon conviction before the city justice, pay a fine not exceeding $100."

Complaint was made before the acting city justice against the defendant, Marvin, for a violation of this ordinance, the complaint charging the offense in the following words: "That John A. Marvin, of said city, on or about the thirteenth day of May, A. D. 1870, at the said city of St. Paul, and within the corporate limits of said city, unlawfully did sell, offer for sale, or expose for sale, goods, wares, and merchandise, which were not manufactured within the state of Minnesota, by sample, he, the said John A. Marvin, not then and there having first obtained a license therefor from said city," etc. Upon this complaint the defendant was arrested, tried before the city justice, convicted, and sentenced to pay a fine of $10, and costs taxed at $2.50, — amounting to $12.50.

It is expressly provided in the city charter that "in cases of prosecution for a breach or violation of an ordinance * * * no appeal shall be allowed where the judgment or fine imposed, exclusive of costs, is less than $25." Sp. Laws 1868, p. 64. The case is brought to this court upon certiorari to the city justice.

It has heretofore been determined, in a case of this kind, that when a court acts in a summary manner, or in a new course, different from the common law, in the absence of legislative restriction,...