Justice v. City Of Atlanta
| Decision Date | 02 March 1905 |
| Citation | 50 S.E. 61,122 Ga. 152 |
| Parties | JUSTICE. v. CITY OF ATLANTA. |
| Court | Georgia Supreme Court |
PEDDLER'S LICENSE — INDIGENT PERSON—CITY LICENSE.
The grant by the ordinary of Fulton county, under Pol. Code 1895, § 1649, of a freelicense to peddle, to an indigent and crippled person, does not relieve such person from the necessity of obtaining a city license from the municipal authorities of the city of Atlanta; that city having by its charter express authority to require a license from peddlers, and having exercised its power by imposing such a license tax, and it not appearing that the person claiming exemption from license was a Confederate veteran or a veteran of any other war.
(Syllabus by the Court.)
Error from Superior Court, Pulton County; J. H. Lumpkin, Judge.
W. J. Justice was convicted of peddling in the city of Atlanta without a license. From an order of the superior court overruling his certiorari, he brings error. Affirmed.
F. M. Hughes and Morris Macks, for plaintiff in error.
James L. Mayson and W. P. Hill, for defendant in error.
CANDLER, J. Pol. Code 1895, § 1649, provides that "ordinaries are authorized to grant licenses to peddle to indigent and infirm persons, upon such terms as they in their discretion may impose." The city of Atlanta, by its charter (Code of Atlanta, §§ 64, 65, 70), is authorized to require any person engaged in any trade, business, etc., within the city, to register their names and business, and pay a license to carry on such trade or business; and express authority is given to it (section 70) to levy and collect from "itinerant traders" such tax as may seem proper. The city has exercised its power by imposing a license tax upon peddlers. Justice has a permit granted under the provisions of Pol. Code 1895, § 1649, from the ordinary of Fulton county, to peddle without a license. He does not claim exemption from taxation under Pol. Code 1895, § 1642, relating to Confederate veterans and veterans of other wars therein named. He was arrested by an officer of the city of Atlanta, and fined by the recorder, for peddling in the city without the payment of a city license. He carried the case by certiorari to the superior court, contending that his permit from the ordinary relieved him of the necessity of paying a city license to peddle. The judge of the superior court overruled his certiorari, and he brings the case here for review.
We have no difficulty in affirming the judgment of the superior court. The section of the ...
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