Valentine v. Berrien Circuit Judge
Decision Date | 24 September 1900 |
Citation | 83 N.W. 594,124 Mich. 664 |
Court | Michigan Supreme Court |
Parties | VALENTINE v. BERRIEN CIRCUIT JUDGE. |
Mandamus by George M. Valentine, prosecuting attorney, against the Berrien circuit judge. Writ denied.
One William B. Thompson was arrested charged with a violation of Act No. 251 of the Public Acts of 1899, because he had filed no bond and received no license to solicit farm produce for a firm in Chicago. The court quashed the information, holding the law to be unconstitutional. The act is entitled 'An act to license and regulate commission men and brokers.' The first section of the act reads: Section 2 makes every such commission merchant or broker liable on his bond for all moneys received by him upon the sale of goods and produce committed to his care, and for the faithful performance of his duties. Section 3 prohibits the doing of business without having a certificate from the county clerk or secretary of state, and provides for requiring a new bond when the first shall be deemed insecure. Section 4 provides a penalty of fine or imprisonment, or both, for soliciting goods or produce without such bond and certificate. Section 5 makes it the duty of the sheriff to investigate every complaint made under the act, and to make complaint for violations thereof. Section 6 requires the payment of a fee of five dollars upon making application for a certificate. Section 7 makes every person soliciting without the certificate liable to the owner for the goods and produce for which he has contracted for his principal. Section 8 provides for bringing a suit in any county in the state where the aggrieved person may be, and constitutes the secretary of state the lawful...
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...of businessmen special privileges is discriminatory and invalid as class legislation. See People ex rel. Valentine v. Berrien, Circuit Judge, 124 Mich. 664, 83 N.W. 594, 50 L.R.A. 493; People ex rel. Attorney General v. Sperry & Hutchinson Co., 197 Mich. 532, 164 N.W. 503, L.R.A.1918A., 797......
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