Hot Springs v. Curry

• Decision Date: 29 May 1897
• Citation: Hot Springs v. Curry, 64 Ark. 152, 41 S. W. 55 (Ark. 1897)
• Parties: HOT SPRINGS v. CURRY
• Court: Arkansas Supreme Court

41 S.W. 55

64 Ark. 152

HOT SPRINGS v. CURRY

Supreme Court of Arkansas

May 29, 1897

Appeal from Garland Circuit Court, ALEXANDER M. DUFFIE, Judge.

STATEMENT BY THE COURT.

The appellee, being a drummer or solicitor for the Palmyra Hotel in the city of Hot Springs, was charged in its police court with a violation of section 4 of an ordinance passed November 2, 1893, by not wearing a badge, as prescribed by said ordinance, while being engaged in or plying his business.

On appeal to the circuit court the case was submitted to the trial judge, sitting as a jury, upon the following agreed statement of facts: "It is agreed, for the purpose of submitting the question of law arising in this case to the court, that the defendant, J. M. Curry, did on the 17th day of July, 1895, and prior to the filing of the affidavit in this case, engage in the business of drumming and soliciting strangers who arrived in the city of Hot Springs to patronize the Palmyra Hotel; that said business of drumming and soliciting was carried on in the city of Hot Springs, Garland county, Arkansas; that, while so engaged in said business the defendant did not wear the badge required by section 4 of the ordinance of the city of Hot Springs relative to drumming, passed and approved November 2, 1893. It is further agreed that said ordinance, attached to and made a part of this agreement, was duly and legally passed by the council of said city. It is further agreed that there is a large number of hotels, boarding houses, bath houses and physicians in said city of Hot Springs."

The ordinance referred to was entitled: "An ordinance to regulate drumming or soliciting of persons who arrive in the city of Hot Springs, on trains or otherwise, for hotels boarding houses, bath houses or doctors; to provide that each drummer shall wear a badge plainly exposed to view, showing for whom and what he is drumming or soliciting patronage, and to punish by fine or imprisonment any violation of this ordinance." Section 1 provides that it shall be unlawful for any person to drum or solicit persons who arrive, on trains or otherwise, for any hotel, boarding house, bath house or doctor, without first obtaining a license, and paying the city $ 25 per annum, and giving bond in the sum of $ 100 for his good behavior. Section 2 defines the words "business of drumming or soliciting." Section 3 provides that a license shall include only one hotel boarding-house, or bath house, or doctor. Section 4 is as follows: "Every person obtaining a drummer's license, as herein provided for, shall be required at all time, whilst engaged in and carrying on such business in any hotel, boarding or bath house, on or in any railroad train depot or platform, public car, omnibus, street hack or carriage, or any of the streets or public places, or elsewhere in the city of Hot Springs, to wear upon his or her person, plainly exposed to view, a badge showing for whom or for what he or she is drumming or soliciting. Such badge shall be of hard metal, such as heavy tin or brass, and not less than three inches across the face, and shall be worn by a male on the lapel of his coat, and by a female on the breast of her dress or other outer garment, uncovered and plainly exposed to view. Upon each badge the following inscription, in Roman letters as large as the surface will allow, shall be engraved and colored in: The name of the hotel, or boarding house, or bath house, for which such licensee is drumming or soliciting, preceded by the words 'Drummer For' and followed by the word 'Hotel' or 'House' or 'Bath House,' as the case may be, or the name of the doctor or physician for which such license is drumming or soliciting, preceded by the words 'Drummer for Doctor,' and in all cases for whom or for what, as expressed in the license or licenses procured and issued as aforesaid." Section 5 provides that the city clerk shall furnish the badge upon application. Section 6 provides for the penalties for any violation of the ordinance.

The court, upon said agreed statement of facts, declared the defendant not guilty, because section 4 of said ordinance was unreasonable and void.

The appellant excepted to the findings and judgment of the court and filed motion for a new...