People v. Grant

• Decision Date: 26 May 1909
• Parties: PEOPLE v. GRANT.
• Court: Michigan Supreme Court

157 Mich. 24
121 N.W. 300

PEOPLE
v.
GRANT.

Supreme Court of Michigan.

May 26, 1909.

Appeal from Circuit Court, Emmet County; Frank Shepherd, Judge.

Robert Grant was convicted of doing business as a transient tradesman, in violation of an ordinance, and he appeals. Affirmed.

Argued before OSTRANDER, P. J., and HOOKER, MOORE, McALVAY, and BROOKE, JJ.

[121 N.W. 300]

M. F. Guinon, for appellant.

B. H. Halstead, for the People.

HOOKER, J.

Grant was prosecuted as a ‘transient tradesman’ in the city of Petoskey, under an ordinance which provided:

‘Section 1. The words ‘transient tradesmen’ for the purpose of this ordinance shall be construed to mean and include all persons, both principals and agents, who engage in temporary or transient business in this city, or in traveling from place to place therein, selling goods, wares and merchandise, and who for the purpose of carrying on such business hire, lease or occupy any building or structure for the exhibition or sale of such goods, wares and merchandise. And no such transient tradesman shall be exempt from the provisions of this ordinance by reason of associating himself temporarily with any local dealer, trader or auctioneer, or by conducting such temporary or transient business in connection with or as a part of the business of or in the name of any local dealer, trader or auctioneer.'

‘Sec. 3. Every transient tradesman before engaging in business, or before advertising or exposing his wares, goods or merchandise for sale, shall make affidavit, procure a transient tradesman's license from the common council of the city upon application therefor, the same to be issued by the city clerk and he shall pay the city treasurer a license fee depending upon the time he proposes to engage in such business, to be stated in his application: Fifty dollars for three months, twenty-five dollars for one month, ten dollars for one week, and two dollars for each day less than one week. The time for which said license is to run and the date of its expiration shall be specified therein. All such licenses shall at the latest expire on the first Monday in June, following their issue; a license shall not give authority to more than one person to sell goods; each license shall state that it is not assignable nor transferable, and that it may be revoked by the common council at any time upon return to the licensee of the unearned license fee.’

‘Sec. 7. Every person who shall in any manner engage in doing or transacting the business of a...