City of Tacoma v. Krech
| Decision Date | 28 September 1896 |
| Parties | CITY OF TACOMA v. KRECH. |
| Court | Washington Supreme Court |
Appeal from superior court, Pierce county; Emmett N. Parker, Judge.
Henry Krech was convicted for violating an ordinance of the city of Tacoma prohibiting barbers from pursuing their occupation on Sunday, and appeals. Reversed.
O'Brien & Robertson, for appellant.
J. P Judon, W. H. H. Kean, and Stacy W. Gibbs, for respondent.
The appellant was convicted in the municipal court for violating a city ordinance of the city of Tacoma, which ordinance prevents barbers from pursuing their calling, from shaving or doing any work in connection with their trade, for compensation, on Sunday. Appeal was taken to the superior court of Pierce county. On the trial, appellant was again convicted, and from the judgment of that court this appeal is taken.
This judgment is attacked for various reasons by the appellant but, with the view we take of his last contention,-viz. that the law is special, and is obnoxious to the provisions of our constitution in relation to special legislation,-a discussion of the other propositions will not be necessary. One class of people is singled out by this law, while other laboring people, in different characters of employment, are allowed to prosecute their work. Conceding, for the purpose of this case, the right of the legislature to pass a law restricting or forbidding manual labor on Sunday, yet, under the provisions of our constitution, the restriction must be imposed alike upon all residents of the state, or the effect of the law would be to work privileges and immunities upon one class of citizens which did not equally belong to all citizens. If this law is valid, then the legislature would have the right to prohibit farm labor on Sunday, to prohibit working by printers on Sunday, to prohibit nine-tenths of the employments which citizens usually engage in in this country, and leave the other one-tenth of the people to pursue their vocations. This would plainly be granting privileges and immunities to one class which did not belong equally to all citizens. The object of the constitution was to prohibit special legislation, and substitute in its place a general law, which bore on all alike. It seems to us that the ordinance in question is "special legislation," within the meaning of the constitution; and, of course, if the legislature had no right to pass such a...
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State v. McCollum, 28809.
...held that a statute, Laws of 1903, c. 55, p. 68, prohibiting the business of barbering on Sunday was constitutional and stated that Tacoma v. Krech, supra, properly overruled. See Patton v. City of Bellingham, 179 Wash. 566, 38 P.2d 364, 98 A.L.R. 1076. Judge Rudkin refused to concur in the......
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Gowan v. State of Maryland Gallagher v. Crown Kosher Super Market of Massachusetts, Inc Two Guys From v. Ginley Braunfeld v. Brown, HARRISON-ALLENTOW
...v. State, 1899, 102 Tenn. 103, 50 S.W. 769; State v. Bergfeldt, 1905, 41 Wash. 234, 83 P. 177, overruling City of Tacoma v. Krech, 1896, 15 Wash. 296, 46 P. 255, 34 L.R.A. 68. 130 One may trace in these exceptions the evolving habits of life of the people. Compare State v. Hogriever, 1899, ......
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Spokane County v. Valu-Mart, Inc.
...1135, 6 L.Ed.2d 551 (1961); 46 A.L.R. 290; 62 A.L.R. 642; 119 A.L.R. 752; 57 A.L.R.2d 975; 91 A.L.R.2d 763.3 City of Tacoma v. Krech, 15 Wash. 296, 46 P. 255, 34 L.R.A. 68 (1896), overruled in State v. Nichols, 28 Wash. 628, 69 P. 372 (1902); State v. Bergfeldt, 41 Wash. 234, 83 P. 177 (190......
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City of Seattle v. Gervasi
...with the clause of the Constitution above referred to.' Many other cases were also cited and quoted in the opinion in the Nichols Case, and Tacoma v. Krech, supra, overruled. In the Krech Case a barber was convicted of violating a city ordinance preventing barbers from pursuing their callin......