Levi v. City of Anniston

• Decision Date: 09 April 1908
• Citation: 155 Ala. 149,46 So. 237
• Parties: LEVI v. CITY OF ANNISTON.
• Court: Alabama Supreme Court

46 So. 237

155 Ala. 149

LEVI v. CITY OF ANNISTON.

Supreme Court of Alabama

April 9, 1908

Appeal from City Court of Anniston; Thomas W. Coleman, Jr., Judge.

Walter Levi was convicted of dealing in junk, contrary to an ordinance of the City of Anniston, and appeals. Affirmed.

Walter Levi was prosecuted for violation of ordinance No. 367 of the city of Anniston, and on appeal to the city court he was again convicted. Ordinance No. 367 is as follows:

"An ordinance requiring all parties selling articles known as junk to obtain a certificate from the chief of police before offering the same for sale, and prohibiting junk dealers from purchasing any such articles from any person not having such certificate, and providing penalties for any violation of this ordinance."

"Section 1. Be it ordained by the city council of Anniston, as follows: No person shall sell or offer to sell any junk or secondhand goods or articles of the following description to wit: Any brass goods, tools, belting, mining cars, scrap iron, scrap brass, scrap copper, pig iron, or cast iron pipe, without then and there having first obtained from the chief of police in the city of Anniston a certificate stating the amount, the description, and the name of the seller of the goods offered for sale, and authorizing the sale of the goods: Provided that this ordinance shall not apply to persons or corporations engaged in the manufacturing of brass goods, pig iron, cast iron pipe belting, and mining cars or other cars.

"Sec. 2. Be it further ordained that it shall be unlawful for any dealer in junk or secondhand goods to purchase any of said articles from any one not having a certificate to sell the same as provided in section 1 of this ordinance.

"Sec. 3. Be it further ordained that it shall be the duty of the chief of police to give to any owner or his authorized agent offering said goods for sale a certificate showing the amount, the description, and the name of the seller of said goods, duplicate of which shall be retained by the chief of police. It shall be the duty of the party offering said goods for sale to furnish the chief of police with a description and the amount of the same.

"Sec. 4. Be it further ordained that any person violating the provisions of sections 1 and 2 of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined the sum of not less than one nor more than one hundred dollars, and may be imprisoned in the city jail or sentenced to hard labor on the street for a term not exceeding three months."

The defendant interposed the plea of not guilty and three pleas attacking the constitutionality of the ordinance: (1) In that it denies to this defendant as a citizen the equal protection of the law; (2) its provisions are unreasonable and oppressive; and (3) that it is in effect an unreasonable restraint of trade.

Lapsley & Arnold, for appellant.

Blackwell & Agee, for appellee.

TYSON C.J.

The appellant, a dealer in junk, was convicted for violating an ordinance of the city of Anniston regulating the selling and purchasing of junk or secondhand goods or articles of a certain character described in the ordinance. He is charged with having purchased one of the articles named in the ordinance from a person who had not complied with its requirement as to having a certificate from the chief of police of that city. Under the ordinance, every person who sells or offers for sale any junk or secondhand goods or articles of a designated description, except persons or corporations engaged in the manufacture of brass goods, pig iron, cast iron pipe, belting, and mining cars or other cars is required to obtain from the chief of police of said city a certificate stating the amount, the...