88 Iowa 191 | Iowa | 1893
The conviction of the defendant was had under an ordinance of the plaintiff which contains provisions as follows:
“Be it ordained by the council of the city of Stuart:
“Section 1. That any person who shall sell, or offer for sale, any goods, wares, merchandise, or other articles of value, for sale, barter, or exchange, at any place in, upon, along, or through the streets, alleys, or other public places, or in wagons or other vehicles, or at private or public houses, shall be deemed a peddler.
“Section 2. It shall not be lawful for any peddler to exercise his calling within this town or city without a license.”
Incorporated cities and towns have power “* * * to regulate and license * * * peddlers.” Code, section 463. In Town of Spencer v. Whiting, 68 Iowa, 678, it was said that the taking of orders for goods to be manufactured was not peddling. In City of Davenport v. Rice, 75 Iowa, 74, it was held that soliciting orders for future delivery of goods was not peddling, where the goods to be delivered were kept in stock in
We are of the opinion that the defendant was not a peddler, within the meaning of the ordinance in question, or the authorities cited. The ordinance forbids a person from selling, or offering for sale, barter, or exchange, goods and other property specified, without a license. The defendant did not, however, sell, nor offer for sale, nor propose to offer for sale, property of any description. The sale had been made previously by another, and his purpose was to deliver the property which had been so sold. Whether he was to collect the money to be paid by the purchasers is not shown, but, conceding that ho was to,, do so, that fact is not material in this case, for the reason that it would not change the character of the transaction so far as the defendant participated in it. He proposed to visit
The judgment of the district court is bevebsed.