Commonwealth v. DeSarto

Citations

• 62 Pa. Super. 184
• 1916 Pa. Super. LEXIS 383

Syllabus

<p>Constitutional law — Constitution of the United States — Privileges and immunities of citizens — Act of March 14, 1878, P. L. 297 —Sawhers and peddlers — Discrimination.</p> <p>■ The “privileges and immunities of citizens” referred to Clause 1, Section 2, of Article IV, of the Federal Constitution are such privileges and immunities as grow out of citizenship, and not mere residence. Citizenship and residence are not synonymous terms.</p> <p>A person may be convicted of violating the Act of March 14, 1873, P. L. 297, entitled “An Act to prevent hawking and peddling in the Counties of Delaware and Lawrence without licenses” which by a proviso exempts persons wounded in the military services of the United States and persons who reside within the county, if it appears that the defendant claims no protection under the proviso and the record fails to show either his citizenship or residence.</p> <p>Even if the proviso contained in Section 2 of the Act of March 14, 1873, P. L. 297, is unconstitutional, such invalidity of the proviso will not destroy the integrity of the entire statute.</p>