34 Kan. 16 | Kan. | 1885
The opinion of the court was delivered by
The defendant, J. F. Fox, was tried before E. M. Bogle, police judge of the city of' Cherokee, on a complaint for violating a certain city ordinance. After conviction, he appealed to the district court, where he was tried
The defendant claims that both the ordinance and the complaint under which he was convicted are void, and that the evidence introduced on the trial does not prove the complaint, nor any violation of any ordinance or law. He claims that the ordinance is void for the reason that it is class legislation, that it makes unjust discriminations, is partial and oppressive in its operation, is inconsistent with public policy, and has no title. The ordinance reads as follows:
“Be it ordained by the Mayor and Couneilmen of the eity of Cherokee, Kansas:
“Section 1. That no professional hawker or peddler of any article of merchandise or traffic usually kept for sale by any merchant or manufacturer of this city shall be permitted to sell any such article of merchandise or traffic at retail, or offer the same for sale, within the limits of the city, without first having a license therefor, as hereinafter provided.
“Sec. 2. That all proprietors or transient auctioneers shall pay into the city treasury a license tax as hereinafter provided.
“Sec. 3. The license tax under the provisions of this ordinance shall be at the rate of two dollars and fifty cents per day: Provided, That no license shall be issued for less than two days.
“Sec. 4. Any person or persons violating the provisions of this ordinance shall, upon conviction thereof, be fined in a sum not less than five nor more than twenty-five dollars for each and every offense thereof, each day’s violation being considered a separate offense.”
The judgment of the court below will be affirmed.