55 S.C. 477 | S.C. | 1899
Lead Opinion
The opinion of the Court was delivered by
This is an appeal from the judgment of the Circuit Court, which reversed the judgment of the mayor’s court of the city of Laurens, wherein the defendant was adjudged guilty of the violation of an ordinance of such city, fixing a special license tax for all occupations carried on within said city of Laurens, S. C. It- seems that The Chicago Portrait Company, of Chicago, in the State of Illinois, is engaged in the business of enlarging pictures or photographs, and selling frames to such pictures. .This company carries on this work through agents, who deliver such work when completed under a contract previously made between the customer and said company. To purchase the frame is entirely voluntary, but the company only sends frames to its customers in contracts for enlarging pictures or photographs. Of course, it is lawful for the city of Laurens to exact a license from persons doing business within the limits of such city, unless the same contravenes the laws of the United States.
The Circuit Judge held that the proposed special license was in contravention of the clause of the United States Constitution which confides to Congress the power to regulate inter
It is the judgment of this Court, that the judgment of the Circuit Court be affirmed.
Concurrence Opinion
I concur in the opinion by Mr. Justice Pope, in so far as it is held therein that the ordinance in question and the sentence thereunder are void as an interference with interstate commerce, as applied to the act of the defendant in reference to the delivery of enlarged pictures or photographs as the agent of the Chicago Portrait Co., a resident of Chicago, Illinois, pursuant to orders theretofore given. To this extent the ruling is in perfect accord with the decisions of the United States Supreme Court, a number of which are cited in the case of Brennan v. Titusville, 14 Sup. C. Rep., 829, referred to in the opinion by Mr. Justice Pope. But I am unable to agree in so far as the opinion
As the conviction and sentence by the mayor’s court was for delivering enlarged photographs, and selling frames for said pictures without a license, it is proper to affirm the judgment of the Circuit Court reversing the judgment of the mayor’s court; but under my view as to the validity of the ordinance forbidding the selling of picture frames in the city of Laurens without a license, as applied to the; facts appear