Whiddon v. Vickers

• Decision Date: 04 March 1937
• Parties: WHIDDON v. VICKERS, Chief of Police.
• Court: Florida Supreme Court

172 So. 923

127 Fla. 222

WHIDDON v. VICKERS, Chief of Police.

Florida Supreme Court

March 4, 1937

Error to Circuit Court, Hamilton County; Hal W. Adams, Judge.

Habeas corpus proceedings by Walter E. Whiddon against D. L Vickers, Chief of Police of the City of Jasper, Fla. Judgment remanding petitioner to custody, and he brings error.

Reversed with directions.

COUNSEL Hampton, Jordan & Lazonby, of Gainesville, for plaintiff in error.

F. B. Harrell, of Jasper, for defendant in error.

OPINION

BUFORD Justice.

The writ of error is to an order remanding petitioner to custody in habeas corpus proceedings.

Petitioner had been convicted of violation of a city ordinance of the city of Jasper, Fla., section 1 of which is as follows:

'Section 1. That all person, firms or corporations that are engaged in business of sale or of disposing of any bakery products including bread, cakes, pies, pastries and all other bakery products and all persons, firms or corporations engaging in the business of selling or disposing of any furniture or other goods, wares or merchandise in the City of Jasper Florida, and all persons, firms or corporations, engaged as solicitors, agents and peddlers for any laundry, pressing club, or tailoring clothes, soliciting orders for the landrying, cleaning or making of clothing and delivering same in the City of Jasper, Florida, shall be required to pay a license fee for each person, firm or corporation so engaging in any such business the sum of $100.00, which said license fee shall be paid before any such person, firm or corporation shall so engage in such business in the City of Jasper, Florida, and shall be a license for the license year in which such license shall be issued and in no case shall such license rate be pro-rated; provided, however that this ordinance shall not apply to persons, firms or corporations who maintain a store, bakery, warehouse, laundry, pressing club or other permanent place of business in the City of Jasper, Florida, but shall apply to persons, firms or corporations who sell and dispose of such commodities from automobile, trucks, wagons, drays, box-cars, or other vehicles without maintaining a store or other permanent place of business in the City of Jasper, Florida.'

The ordinance was alter amended changing the license fee from $100 to $15.

The record discloses that the Gainesville Laundry of Gainesville Fla., operated a laundry in Gainesville. Whiddon, an employee of the laundry, went to Jasper to...