Darling v. City of St. Paul

• Decision Date: 01 January 1874
• Citation: 19 Minn. 336
• Parties: JOSEPH D. DARLING v. CITY OF ST. PAUL.
• Court: Minnesota Supreme Court

Page 336

19 Minn. 336

JOSEPH D. DARLING

v. CITY OF ST. PAUL.

Supreme Court of Minnesota.

Certiorari to the city justice of the city of St. Paul to bring up a conviction had under the ordinance set forth in the opinion.

Davis & O'Brien, for plaintiffs in error, cited:

W. A. Gorman, City Atty., cited:

McMILLAN, J.

In the view we take of this case it will be necessary to consider only whether the ordinance in question is in accordance with the power granted by the city charter. We will therefore assume, for the purposes of this case, that the legislature has authority to license and regulate the occupation or employment of selling by sample, goods, wares, and merchandise, and to require the payment of a sum of money for such license, and may likewise confer such powers upon municipal corporations.

By express provision of the charter of the city of St. Paul it is enacted that the common council, for the government and good order of the city, shall have full authority by ordinances, resolutions, or by-laws, among other things, "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." Provided, "that not less than five dollars, nor more than five hundred dollars, shall be required to be paid for any license under this act, and the fee for issuing the same shall not exceed one dollar." Charter of St. Paul, c. 4, § 3, subd. 1; Sp. Laws 1868, c. 26, pp. 69, 70.

The ordinance passed by the city council, as amended, and claimed by the defendant in error to be in pursuance of and in accordance with the power conferred in the charter, is 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, within the city of St. Paul, when such goods, wares, or merchandise are hereafter to be sent or delivered to the purchaser, without having first 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."

The power of granting licenses in cases of this kind is vested by the charter in the common council of the city. The exercise of this power involves the necessity of determining with reasonable certainty both the extent and duration of the license, and the amount of money to be paid therefor. The power must be exercised exclusively by the city council, and cannot be delegated, in whole or in part, to any other person or authority whatever. Cooley, Const. Lim. 204; Smith, Comp. § 580; Dill. Mun. Corp. § 60.

No specific time, for...