Ex parte State

Supreme Court of Alabama

Ex parte State

61 So. 901, 180 Ala. 529, 1913 Ala. LEXIS 385

DecidedMay 1, 1913

StatusPublished

This text of 61 So. 901 (Ex parte State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte State, 61 So. 901, 180 Ala. 529, 1913 Ala. LEXIS 385 (Ala. 1913).

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Opinion

SOMERVILLE, J.

In this case the Court of Appeals held that the defendant was in properly convicted of a violation of subdivision 58 of section 2361 of the Code, which provides that “each person, firm, or corporation Avho engages in the business of selling or delivering lightning rods” shall pay a license charge of $25 annually “for each county in which they may sell or deliver said articles.” The conclusion was that defendant’s. acts were interstate commerce, and that there Avas nothing in said subdivision indicating that it was a part of the legislative purpose to require “such payment to be made by a person, firm, or corporation AAdiose acts, in selling or delivering lightning rods, are interstate' commerce transactions.”

We find nothing in the agreed statement of the facts of this case AAdiich brings it Avithin the operation of Oil Company v. Crain, 209 U. S. 212, 28 Sup. Ct. 475, 52 [531]*531L. Ed. 754. On the contrary, we think that it falls directly within the operation of A. C. Crenshaw v. State of Arkansas, 227 U. S. 389, 33 Sup. Ct. 294„ and P. L. Rogers v. State of Arkansas, 227 U. S. 401, 33 Sup. Ct. 298. The opinion of the Court of Appeals, which was written by Walker, P. J., correctly states the law as applied to the facts of the case, and is in harmony Avith the current of decisions of the Supreme Court of the United States.

The writ of certiorari is denied.

Anderson, McClellan, and Sayre, JJ., concur.

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SOMERVILLE, J.

In this case the Court of Appeals held that the defendant was in properly convicted of a violation of subdivision 58 of section 2361 of the Code, which provides that “each person, firm, or corporation Avho engages in the business of selling or delivering lightning rods” shall pay a license charge of $25 annually “for each county in which they may sell or deliver said articles.” The conclusion was that defendant’s. acts were interstate commerce, and that there Avas nothing in said subdivision indicating that it was a part of the legislative purpose to require “such payment to be made by a person, firm, or corporation AAdiose acts, in selling or delivering lightning rods, are interstate' commerce transactions.”

We find nothing in the agreed statement of the facts of this case AAdiich brings it Avithin the operation of Oil Company v. Crain, 209 U. S. 212, 28 Sup. Ct. 475, 52 [531]*531L. Ed. 754. On the contrary, we think that it falls directly within the operation of A. C. Crenshaw v. State of Arkansas, 227 U. S. 389, 33 Sup. Ct. 294„ and P. L. Rogers v. State of Arkansas, 227 U. S. 401, 33 Sup. Ct. 298. The opinion of the Court of Appeals, which was written by Walker, P. J., correctly states the law as applied to the facts of the case, and is in harmony Avith the current of decisions of the Supreme Court of the United States.

The writ of certiorari is denied.

Anderson, McClellan, and Sayre, JJ., concur.

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Bluebook (online)

61 So. 901, 180 Ala. 529, 1913 Ala. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-state-ala-1913.

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