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Commonwealth v. Jackson

Citations

  • 34 Pa. Super. 178
  • 1907 Pa. Super. LEXIS 101

Syllabus

<p>Boroughs — Ordinances—Police power — Taxation—Distributing advertisements.</p> <p>A borough has no power to enact an ordinance providing “that no person shall distribute any handbills or other advertising matter in the borough without having previously procured a license so to do from the chief of police of said borough, which license shall be issued to the party applying for the same on the payment of $5.00 per day.” The ordinance is invalid because, first, it is an attempt to impose an unreasonable annual tax, under the guise of a police regulation, and, second, it is not a proper exercise of the police power, because it prohibits all distribution of advertisements, irrespective of their subject-matter, and manner of distribution.</p>

Judges: Beaver, Head, Henderson, Morrison, Rice

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