11 Pa. Super. 608 | Pa. Super. Ct. | 1899
Opinion by
The jury in this case returned, under the instruction of the court below, the following special verdict: “The defendant is .a resident of the city of Philadelphia in the state of Pennsylva
Two questions are raised by the appellant: First, that he has not violated the Act of April 2, 1830, P. L. 147, because he is a manufacturer of goods, wares and merchandise within .this commonwealth and has, therefore, a right under the act to expose the products of his own manufacture to sale by vendue .or outcry; and, second, that the act is unconstitutional.
A manufacturer, as defined by Bouvier, is “ one engaged in the business of working raw materials into wares suitable for use.” This definition is practically recognized in Commonwealth v. Gormly, 173 Pa. 586. It is true that in that case the main question for consideration was whether or not the defendant was a dealer in goods, wares and merchandise within the meaning of the laws which impose a mercantile license tax. The defendant there was a plumber who purchased and assembled and put together the various parts of steam heating apparatus. As is said by Mr. J ustice Green in his opinion, “ For instance, a complete steam heating apparatus requires boilers, radiators, pipes, valves, one or more furnaces and other articles
The contention as to the unconstitutionality of the law is that it offends against the federal constitution in regard to interstate commerce. Legislation in regard to hawkers and peddlers began very early in the history of our commonwealth. The preamble to the Act of March 30, 1784, 2 Sm. L. 99, is as follows : “ Whereas many idle and vagrant persons may come into this state and, under pretense of being hawkers or peddlers, may greatly impose upon many persons in the quality and price-of goods and also may commit felonies and other misdemeanors: For preventing such inconveniences and evil practices- and to the end that no person may be permitted to follow the business of hawkers or peddlers within this state but those who are of known honesty and civil behaviour,” and then follow the provisions of the act. There seems to have been in 1830 a return of the apprehension of the legislature as to the evils which might, follow indiscriminate hawking and peddling and, therefore, the Act of February 6, 1830, P. L. 39, relating to tin and clock peddlers, and the act under consideration for regulating hawkers -and peddlers, passed the same year. It is very evident, from a consideration of the preamble to the act of 1784 and of the acts themselves, that the legislature had in mind the regulation of hawking and peddling under the police power of the state which rested in it. These various acts have received judicial construction and have uniformly been regarded by the-
Upon a consideration of the whole ease, we think the conviction was legally had and that the action of the court below in entering judgment upon the special verdict was proper.
Judgment affirmed.