Cook v. Harrison
| Decision Date | 02 December 1929 |
| Docket Number | 20 |
| Citation | 21 S.W.2d 966,180 Ark. 546 |
| Parties | COOK v. HARRISON |
| Court | Arkansas Supreme Court |
Appeal from Boone Circuit Court; J. F. Koone, Judge; affirmed.
Judgment affirmed.
V D. Willis, for appellant.
Woody Murray, for appellee.
This is an appeal from the judgment of the circuit court in Boone County, finding appellants guilty of violating ordinance No 108 of the city of Harrison, and imposing a fine upon each of them for the violation. Appellants were convicted and fined under §§ 13 and 31 of said ordinance. The title enacting clause and the sections referred to are as follows:
The record reflects that appellants traveled from house to house within the corporate limits of Harrison, immediately before their arrest, carrying, selling and delivering books in sets of five each, published by the International Bible Students' Association. The books were shipped to appellants by said Bible Students' Association in cartons, containing twelve sets, at a cost to appellants of fifty-six cents a set. They sold the books for $ 1.98 a set. The names of the several books are "Deliverance," "Reconciliation," "Recreation," "Government," and the "Harp of God." Each book contains 368 pages, and is bound substantially. They are interpretations of the Scriptures according to the beliefs of said association. Those selling or distributing the books were and are regarded and treated by said association as ministers of the Gospel. Appellants traveled over the territory assigned to them in an automobile, slept in a tent which they carried with them, and did their own cooking. The profit they derived from the sales of the books did not entirely cover their living expenses. They had been engaged in selling these books for about five years, and supplemented the deficiency in their living expenses with money derived from other sources. They testified that their purpose was, not to realize a financial remuneration, but to disseminate the teachings of the association purely and solely from religious motives; that their hope for reward was the salvation that comes from endurance to the end.
Appellants contend for a reversal of the judgment upon the ground that the facts detailed did not constitute them peddlers and hawkers within the meaning of the ordinance, but reflected that they were colporteurs at the time they sold and delivered the books in the city of Harrison. It is argued that the...
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Jones v. City of Opelika Bowden v. City of Fort Smith, Ark Jobin v. State of Arizona 966
...On appeal the Supreme Court of Arkansas held the ordinance constitutional on the authority of its previous decision in Cook v. Harrison, 180 Ark. 546, 21 S.W.2d 966, and affirmed the convictions. 202 Ark. 614, 151 S.W.2d 1000. This Court denied certiorari, 314 U.S. 651, 62 S.Ct. 99, 86 L.Ed......
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Murdock v. Commonwealth of Pennsylvania 8212 487
...556, 19 S.E.2d 682; State v. Greaves, 112 Vt. 222, 22 A.2d 497; People v. Banks, 168 Misc. 515, 6 N.Y.S.2d 41. Contra: Cook v. Harrison, 180 Ark. 546, 21 S.W.2d 966. 10 The Pennsylvania Superior Court stated that the ordinance has been 'enforced' only to prevent petitioners from canvassing ......
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Berry v. City of Hope
...had occasion to consider exactly similar facts in like cases under like ordinances in two instances. The first was Cook v. Harrison, 180 Ark. 546, 21 S.W.2d 966, where we held that persons going from house to house or from place to place selling and delivering religious books were "peddlers......