Cason v. Quinby

Citations

• 60 Fla. 35

Syllabus

<p>I. Under the constitution and statutes of this State, a court commissioner may issue a writ of habeas corpus returnable before himself, and his orders thereon may be reviewed and appropriate orders made by the circuit judge.</p> <p>2. A municipal ordinance cannot lawfully impose a burden upon interstate commerce.</p> <p>3. Where orders by samples are taken in one State for the sale of goods located in another State, and pursuant to the orders so taken the goods are shipped to the agent of the seller in the receiving State, in one large package or box, containing the smaller packages for each purchaser wrapped separately, and the large package is broken by the agent of the seller who delivers the smaller packages to those who had given specific orders for them, such business is interstate commerce, and the agent of the seller is not, for this transaction, subject to a license tax imposed by a municipality upon “salesmen and dealers who shall bargain or sell any goods, wares or merchandise for cash or by sample, or any other manner, for present or future delivery within the corporate limits of the” municipality.</p> <p>4. A person convicted and sentenced in a municipal court for not paying a license tax under an ordinance is properly discharged on habeas corpus where it appears that the acts for which the conviction was had constitute interstate commerce to which the municipal ordinance cannot lawfully be applied.</p>