78 So. 143 | La. | 1918
On Rehearing.
The question presented is whether the defendant owes the state the license tax of $75, imposed by the Act No. 229 of 1912 upon every peddler or hawker traveling in a one-horse vehicle.
The defendant is a farmer who drives to town daily in his buggy and delivers to his
The defenses are: First, that the defendant is not a peddler or hawker because he does not go about selling the milk, but only delivers to hm customers the milk that is already sold or ordered from the farm; second, that the sale and delivery of the. milk produced on his farm is done in pursuit of the defendant’s agricultural or farming business, which pursuit is exempt, by the terms of article 229 of the Constitution, from any license tax; and, third, that, by the terms of the Act No. 229 of 1012, a person is not required to pay a peddler’s license for selling the product of his own industry.
Judgment was rendered in favor of the defendant, and the plaintiff has appealed.
It has been decided by this court that a farmer who goes from place to place selling at retail the products of his farm is only pursuing his farming business and is not a peddler or hawker. 1-Ie is engaged in an agricultural pursuit, which is, by the terms of article 229 of the Constitution, exempt from any license tax. Roy v. Schuff, 51 La. Ann. 86, 24 South. 788.
There is a proviso in the Act No. 229 of 1912, p. 517, that exempts from the license tax imposed upon peddlers or hawkers those . who sell only the products of their industry.' After providing that peddlers of poultry, eggs, vegetables or fruit shall pay only one-fifth of the license tax imposed upon other peddlers or hawkers, the statute declares
The judgment appealed from is affirmed.