Ex parte Hough
Decision Date | 29 July 1895 |
Parties | Ex parte HOUGH. |
Court | U.S. Court of Appeals — Fourth Circuit |
Tucker & Murphy, for petitioner.
Solicitor R. S. McCall, for the State of North Carolina.
This case comes up on the petition of W. I. Hough, praying a writ of habeas corpus. He is in the custody of the sheriff of Buncombe county, N.C., charged with the violation of the revenue law of that state. The following is an agreed statement of facts:
The prisoner is charged with the violation of section 25, c. 116 Acts 1895, of the general assembly of North Carolina. The section is as follows: 'Every person, company or manufacturer who shall engage in the business of selling pianos or organs by sample, list or otherwise in the state, shall before selling or offering for sale any such instrument, pay to the state treasurer a tax of two hundred and fifty dollars, and obtain a license which shall operate one year from its date and all such licenses shall be countersigned by the auditor and no other license tax shall be required by counties, cities or towns.'
At the argument of the case, while I have not had the benefit of any argument on the part of the state, I have been assisted by an exhaustive...
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