Rogers v. McCoy
| Decision Date | 31 May 1889 |
| Parties | Rogers et al. v. McCoy, Sheriff. |
| Court | South Dakota Supreme Court |
On application for habeas corpus.
In the matter of the application of Charles Rogers and George A. Shipton for discharge from sentence and commitment of H. P. Bruyers, as justice of Nelson county, for peddling jewelry without a license, in violation of Comp. Laws, § 2433, which provides that “a tax of $30 for territorial purposes shall be levied upon each peddler of watches, clocks, jewelry, or patent medicines, and all other wares and merchandise not manufactured within the limits of this territory, for a license to peddle throughout the territory for one year.”W. H. Standish, for plaintiffs.
The judgment and sentence of the court below is declared to be null and void, and the petitioners are ordered to be discharged from custody, on the ground that the statute under which they were tried and sentenced is unconstitutional and void, as it attempts to discriminate in the sale of goods, wares, and merchandise manufactured in other states and territories.
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...434; Webber v. Virginia, 103 U.S. 344; In re Watson, 15 F. 511 [Vt. Statute]; In re Schechter, 63 F. 695 [Minn. Statute]; Rogers v. McCoy, 6 Dak. 238, 44 N.W. 990; Vermont v. Pratt, 59 Vt. 590, 9 A. 556; Vines v. State, 67 Ala. 73; Murphy v. Sipe, 49 Ohio St. 536, 31 N.E. 884; Ames v. Peopl......
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...87 S.W. 1030; In Re Jarvis, (Kans.) 71 P. 576; State v. Bornstein, (Me.) 78 A. 281; State v. Williams, (N. C.) 73 S.E. 1000; Rogers v. McCoy, 6 Dak. 238, 44 N.W. 990; Comm. v. Caldwell, 190 Mass. 355, 76 N.E. Sayre v. Phillips, 148 Pa. St. 482, 24 A. 76; Ex parte Thomas, 71 Cal. 204, 12 P. ......
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...and is in violation of article 14, Const. U. S. Bon Homme County v. Berndt, 13 S. D. 309, 83 N. W. 333, 50 L. R. A. 351;Rodgers v. McCoy, 6 Dak. 238, 44 N. W. 990. See, also, numerous decisions cited in note “f,” 129 Am. St. Rep. at page 257. [13] The exemption of every resident licensed [1......
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...states, and is in violation of article 14, U.S. Const. Bon Homme County v. Berndt, 13 S.D. 309, 83 N.W. 333, 50 L.R.A. 351; Rodgers v. McCoy, 6 Dak. 238, 44 N.W. 990. See also numerous decisions cited in note f 129 Am.St.Rep. The exemption of every resident licensed practicing physician wit......