135 P. 881 | Or. | 1913
Lead Opinion
delivered the opinion of the court.
The judgment is affirmed.
Affirmed. Sustained on Behearing.
Rehearing
Former opinion approved May 19, 1914.
On Behearing.
(141 Pac. 746.)
In Banc.
delivered the opinion of the court.
The stipulation of facts in this case is reported at 135 Pac. 881, and need not be repeated here.
No reason is apparent why we should depart from the former decision with respect to the authority of the legislative assembly to enlarge upon the definition of the term “peddler,” as given by the lexicographers. The spoken language of the present day is not fixed and unchangeable. It expands and different terms take on new and additional meanings as time goes on. It is competent for the legislative assembly to give shape and effect to this tendency of the language. It is within its power, within reasonable limits, to add to or enlarge the former signification of different terms. In good reason if it were permissible to tax or regulate the occupation of actually carrying goods from place to place for sale to the consumer, it is equally proper to tax or regulaté the business of selling by sample to like consumers under similar cir
The stipulation shows that the firm represented by the defendant shipped into the state, without previous orders or contracts for the same, a stock of vehicles by the car load knocked down; that after they arrived
The stipulation further discloses that the defendant “went about Coos County from house to house and place to place with two horses and a wagon soliciting orders for vehicles, using for that purpose sample vehicles, which he carried with him and also a catalogue showing many other styles.”
Having obtained an order for a specified vehicle, he sent it to his foreman in charge of the stock to which reference has already been made, and the rule of business as revealed by the stipulation was that the order was filled from this stock of vehicles already
Many cases were pressed upon our attention at the argument on rehearing by which it was sought to establish that the act described in the stipulation does not constitute peddling. A few of those cases are the following: Kennedy v. People, 9 Colo. App. 490 (49 Pac. 373); State v. Dressner (Del. Gen. Sess.), 85. Atl. 881; City of Davenport v. Rice, 75 Iowa, 74 (39 N. W. 191, 9 Am. St. Rep. 454); Kimmel v. City of Americus, 105 Ga. 694 (31 S. E. 623); Hewson v. Englewood, 55 N. J. Law, 522 (27 Atl. 904, 21 L. R. A. 736). These all depend upon the definition of the term “peddler” as found in the ordinary dictionary, and in the main they lay down the rule that a municipal corporation, empowered by its charter to regulate, tax and control peddlers, without anything further being-stated as to the signification of the term, cannot enlarge the same beyond the ordinarily accepted definition. The argument based upon these cases leaves out of view the authority of the legislature to expand the definition of the word for statutory purposes.
In brief, whether we consider the statute as one of regulation or taxation, it was within the authority of the legislature. Upon the facts stated, both the property involved in the transaction and the actors were within the state subject to its jurisdiction, and were not affected by the interstate commerce clause of the national Constitution. The law is not discriminative in that it treats alike all coming within the situation described by its terms. The petitioner was clearly a peddler as described by the enlarged statutory definition of the term. He was confessedly acting without having procured a license or otherwise complying with the terms of the law.
We adhere to the former decision.
Affirmed. Former Opinion Sustained.