Otting v. City of Bellevue

• Decision Date: 22 November 1907
• Citation: 105 S.W. 375
• Parties: OTTING v. CITY OF BELLEVUE.
• Court: Kentucky Court of Appeals

105 S.W. 375

OTTING v. CITY OF BELLEVUE.

Court of Appeals of Kentucky.

November 22, 1907

Appeal from Circuit Court, Campbell County.

"Not to be officially reported."

John H Otting was convicted of violating a city ordinance, and appealed. Upon the death of defendant, his executrix was substituted in his stead. Affirmed.

Ramsey Washington, for appellant.

A. M Caldwell, for appellee.

LASSING J.

Bellevue is a city of the fourth class. On the 22d of November, 1906 the board of council of Bellevue passed an ordinance which provided for the licensing and regulating of the business of bill-posting within the city limits, and fixed an annual license fee or tax of $60 per annum to be paid by any person corporation, or company engaged in the conduct of such business. The John H. Otting Bill-Posting Company was at the time of the passage of this ordinance engaged in the business of bill-posting in the city of Bellevue, and this company, conceiving that the license tax was exorbitant and unreasonable, and for this reason illegal, refused to pay same. Thereafter summons was issued by the police judge of the city of Bellevue against John H. Otting, manager of said company, charging him with having violated the provisions of said ordinance. The company was tried in the police court and fined $50, from which it appealed to the circuit court. Pending the appeal John H. Otting died. The case was revived in the name of his executrix and tried out in the circuit court. The circuit court upheld the validity of the ordinance, and to test the correctness of this ruling and judgment this appeal is prosecuted.

It is admitted for appellant that the city had the right to tax its business, but it is insisted that the tax fixed is excessive. This whole question was thoroughly considered by this court in the case of Hall v. Commonwealth, 101 Ky. 382, 41 S.W. 2. In that case the council of Shelbyville, which is a town of the fourth class, as is Bellevue, had passed an ordinance requiring everyone engaged regularly in the selling and delivering of milk to pay a license of $10 per annum for so doing. Appellant failed to take out the license required and was fined in the police court. The case was appealed to the circuit court, where the ordinance was held valid, and upon appeal from the judgment of the circuit court this court said: "It seems to us that the only question that can be considered on this appeal is the legality of this ordinance. * * * It is contended that the ordinance is unreasonable and oppressive, and the punishment for its...