Ex Parte Patterson, 19837.

• Decision Date: 18 May 1938
• Docket Number: No. 19837.,19837.
• Citation: 116 S.W.2d 745
• Parties: Ex parte PATTERSON.
• Court: Texas Court of Criminal Appeals

116 S.W.2d 745

Ex parte PATTERSON.

No. 19837.

Court of Criminal Appeals of Texas.

May 18, 1938.

Appeal from Haskell County Court; Charlie Conner, Judge.

Proceeding for writ of habeas corpus on the relation of L. V. Patterson. From an order refusing to discharge the relator, the relator appeals.

Relator discharged.

Glenn R. Lewis, of San Angelo, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

MORROW, Presiding Judge.

This is an appeal from the order of the judge of the county court of Haskell county refusing to discharge the relator upon his application for a writ of habeas corpus.

The relator was charged by complaint filed in the corporation court of the city of Haskell, Tex., with the violation of a city ordinance which reads in part as follows:

"Art. 2, Sec. 2.—No person, firm or association of persons shall pursue the business of soliciting or taking orders for any goods, wares, merchandise, periodicals, newspapers, or `sheet writers' of whatsoever description within the corporate limits of the City of Haskell, Texas, at any place other than as prohibited in Section 1 of this Article without having paid a license to and having obtained a permit from the Tax Collector of the City of Haskell, Texas.

"Art. 2, Sec. 3. Any person, firm or association of persons desiring to take orders for any goods, wares, merchandise, newspapers, periodicals or `sheet writers' as above set out at any place other than as prohibited in Section 1 hereof shall first pay to the Tax Collector of the City the sum of $25.00 and secure a permit for such purpose, which permit shall entitle the holder of the same to take orders for any one article therein specified within the corporate limits of the City of Haskell, Texas, at any place other than as prohibited in Section 1 hereof.

"Art. 9, Sec. 4. Any person, firm or association of persons violating any of the provisions of this ordinance or any of the articles or sections hereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $5.00 nor more than $100.00 and each day such operations, professions, callings, exhibitions, shows and the like herein specified shall be conducted or held in violation of the terms hereof shall be deemed a separate offense and punishable as such.

"Art. 9, Sec. 1. Any tax or license fee imposed by the terms of this ordinance shall be paid in full for the entire period such license thereunder is authorized to be issued and no part thereof shall be refunded at any time for any reason. By this is meant that where any certain tax or license fee is set out, upon payment of which tax or license fee the Tax Collector is authorized to issue a permit to engage in such business for a period of a year or for some other...