34 Kan. 283 | Kan. | 1885
The opinion of the court was delivered by
This was an action brought in the police court of Garden City, a city of the third class, by the city attorney against A. J. Abbott, for an alleged violation of a certain ordinance, which provides, among other things, as follows:
“Section 1. Every person now or hereafter doing business in the city of Garden City shall pay a license tax, and procure a license as provided in this ordinance for each and every branch of business engaged in.”
“Sec. 3. . . . Attorneys at law shall pay a license tax of $8 per year.”
“ Sec. 17. Each and every person who does now or shall hereafter conduct or engage in any business or occupation in the city of Garden City, for which a license is required by this ordinance, without first obtaining a license and paying a license tax therefor, as provided in this ordinance; and every person who shall violate the provisions of this ordinance, shall be fined not less than $5 nor more than $50, and costs of suit.”
The defendant was charged with violating that provision of the ordinance which requires that “attorneys at law shall pay a license tax of $8 per year.” He was tried and found guilty in the police court, and fined in the sum of $10, and
The city ordinance under which the defendant was prosecuted is based upon §48 of the third-class-city act, which provides, among other things, as follows:
“Sec. 48. The city council shall have authority to levy and collect a license tax on auctioneers, . . . wagons and other vehicles used in the city for pay, . . . attorneys at law and physicians residing in such city.”
No other question has been presented to this court, and upon this question we think the decision of the court below is correct, and therefore its judgment will be affirmed.