Ex parte Hutchinson

Citation137 F. 949
Decision Date16 May 1904
Docket Number1,183.
PartiesEx parte HUTCHINSON.
CourtUnited States Circuit Court, District of Washington, Northern Division

P. P Carroll, for petitioner.

Mitchell Gilliam, Corp. Counsel, for city of Seattle.

HANFORD District Judge.

Ordinance No. 6036 of the city of Seattle requires a person carrying on business as a pawnbroker to pay $100 per annum for a license and exacts payment of six times as much for a license to sell trading stamps to merchants, in addition to a license fee of $100 per annum, which each merchant using trading stamps in his business is required to pay. It is very apparent that the purpose of this ordinance with respect to trading stamps is to prohibit their use in retail trade as a means of drawing custom, rather than to provide revenue, or to exercise in a reasonable manner the police power of the city. The giving of trading stamps is merely one way of discounting bills in consideration for immediate payment in cash, which is a common practice of merchants, and is doubtless a popular method, and advantageous to all concerned, and it is not obnoxious to public policy. The ordinance, therefore, is oppressive, and an invasion of the liberty of the people to carry on legitimate business by the use of legitimate means.

In the case of Seattle v. Barto, 31 Wash. 141, 71 P. 735 the Supreme Court of this state affirmed the validity of Ordinance No. 6036 in so far as it relates to pawnbrokers and in its opinion the court said, in effect, that the fee of $100 per annum required of pawnbrokers is not so exorbitant or disproportionate to the cost of police surveillance that the court could, without proof of special hardship, deny its constitutionality. The court was not required to, and did not, express an opinion as to the validity of the subdivisions of the ordinance relating to the selling and use of trading stamps.

Admitting the principle that the city government is invested with discretionary power to license difference trades and occupations, and that the rule of uniformity in taxation is not violated by differences in rates, the cases of Fleetwood v. Read, 21 Wash. 547, 58 P. 665, 47 L.R.A. 205, Stull v. De Mattos, 23 Wash. 71, 62 P. 451, 51 L.R.A. 892, and State v. Clark, 30 Wash. 439, 71 P. 20, are easily distinguishable from this case, and I am not required to comment on those decisions.

For the reason above set forth, it is my opinion that subdivisions 1 and 2 of section 7...

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15 cases
  • Sperry & Hutchinson Co. v. Hoegh
    • United States
    • Iowa Supreme Court
    • July 26, 1954
    ...and is doubtless a popular method, and advantageous to all concerned, and it is not obnoxious to public policy.' Ex parte Hutchinson, 137 F. 949 (C.C.D.Wash.1904). Although the business is now countrywide, there has been no change in mode or method that has materially altered this Many more......
  • Olson v. Ross
    • United States
    • North Dakota Supreme Court
    • April 11, 1918
    ... ... of allowing discounts on cash payments, and its issuance is ... entirely harmless and within the constitutional right of ... contract. Ex parte Drexel, 147 Cal. 763; Chaddock v ... Day, 75 Mich. 527 ...          One ... engaged in the trading stamp system here under ion ... is engaged merely in conducting a discount system, on cash ... purchases. Ex parte Holland, 147 Cal. 763; Ex parte ... Hutchinson, 137 F. 949; Denver v. Frueauff, 39 Colo ... 30; Lohman v. State, 81 Ind. 17; Sperry v ... Temple, 137 F. 992, 993; Winston v. Beeson, ... ...
  • Riley v. Ayer & Lord Tie Co.
    • United States
    • Mississippi Supreme Court
    • May 30, 1927
    ... ... 195, 94 N.E. 141, 35 L. R. A ... (N. S.) 1074; Louisville v. Pooley, 136 Ky ... 286, 124 S.W. 315, 26 L. R. A. (N. S.) 582; Ex parte ... Stoddard, 35 Nev. 504, 131 P. 133; Sperry & ... Hutchinson Co. v. State, 188 Ind. 173, 122 N.E ... 584; Owens v. State, 53 Tex. Crim. 105, ... ...
  • Miller v. Sherrard
    • United States
    • Mississippi Supreme Court
    • March 17, 1930
    ... ... 249 Ill. 195, 94 N.E. 141, 35 L.R.A. (N.S.) 1074; ... Louisville v. Pooley, 136 Ky. 286, 124 S.W. 315, 25 ... L.R.A. (N.S.) 582; Ex parte Stoddard, 35 Nev. 504, 131 P ... 133; Sperry & Hutchinson Co. v. State, 188 Ind. 173, ... 122 N.E. 584; Owens v. State, 53 Tex. Cr. R. 105, ... ...
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