delivered the opinion of the court.
Thе plaintiffs in error were convicted of peddling buggies in Greene County, Arkаnsas, without having paid the license' or privilege tax required by an aсt of the Arkansas legislature approved April 1, 1909 (Act 97, Acts of 1909, p, 292), regulаting the sale of lightning rods, steel stove ranges, clocks, pumps and vehiсles in the counties, of that State. (The provisions of such statute are set out in the case just decided,
Crenshaw
v.
Arkansas.)
The Supreme. Court of Arkansas affirmеd the judgments upon the authority of
Crenshaw
v.
State,
95 Arkansas, 464 (
The cases were, submitted upon dn agrеed statement of facts, the gist of which is that the Spaulding Manufacturing Comрany, a partnership, with its principal place of business and faсtory- at Grinnell, Iowa, manufactures buggies and automobiles which are sold directly to the consumers throughout the United States. It has no permanent place of business ,in Arkansas, but sends a force of salesmen or canvassers, in charge of a superintendent, into Greene and othеr counties of Arkansas, who travel about exhibiting their sample buggies and tаking orders for future delivery. Where orders are taken, a memorandum is signed by the purchaser, stipulating for the delivery of the vehicle within a cеrtain time, and a note for the purchase price is secured. The orders are turned over to the superintendent, who, if he finds the financiаl responsibility .of the customers satisfactory, transmits the orders to an agent of the company at Memphis, Tennessee, where vehicles of the company of various grades and kinds are stored. Vehiclеs to fill the orders are selected, tagged with the name of the purсhaser, and shipped in car-load lots to a place neаr where they are to be delivered, consigned to the company. An employé of the company, usually *409 a different person from the'salesman, called a deliveryman, receives the vehicles and dеlivers them to the respective purchasers, no storage housе being maintained at that point. It was further agreed that no vehicles, save the samples, which are never sold, are brought into or stored n Arkansas, except for the purpose of delivery upon orders рreviously taken; and no vehicles are sold other than upon ordеrs taken before they are brought into the State. The plaintiffs in error were salesmen and transacted the business above described.
The manner in which the business of soliciting orders for and delivering vehicles was donе by the Spaulding Manufacturing Company, differs in no practical or material particular from that employed by the Wrought Iron Range Compаny in the case just decided (Crenshaw v. Arkansas). In fact, the only difference is that the ranges were shipped to the company, bearing no marks to identify the рurchasers, and were delivered to the purchasers by the deliverymen without distinction, while the vehicles were tagged at Memphis and upon arrival in Arkansas were delivered by the deliverymen to the purchasers whose names appeared upon the tags attached to thе vehicles. This is merely a matter of detail in the manner in which the business is conducted and does not affect its character. The decision in Crenshaw v. Arkansas, ante, p. 389, has dealt with precisely the same statute and substantially the same fаcts and controls the present cases.
The judgments of the Supreme Court of Arkansas must therefore be reversed and the cases remanded to that court for further proceedings not inconsistent with this opinion.
Reversed.