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· 3/31/1890

Emmons v. City of Lewistown

Citations

  • 132 Ill. 380
  • 8 L.R.A. 328

Syllabus

<p>1. Hawkers and peddlers—defined. The word “peddler” embraces all persons going through a city or place, from house to house, and Belling commodities. A “hawker” is one who carries merchandise from place to place, for sale, as opposed to one who sells at an established shop. «</p> <p>2. Same—hook canvasser—whether a hawker or a peddler—power of municipal corporations. Á canvasser for books or periodicals, in a city, by going from house to house, is neither a hawker nor a peddler, within the meaning of those words, as used in paragraph 4, of section 36, chapter 24, of the Eevised Statutes, in giving power to tax, license and regulate hawkers and peddlers.</p> <p>3. Paragraph 41, section 36, chapter 24, of the Eevised Statutes, which gives to the authorities of cities and villages the power to license, tax, regulate, suppress and prohibit hawkers, peddlers, etc., and to révoke such license at pleasure, confers no power to pass an ordinance prohibiting persons from canvassing from house to house, and on the streets, for the sale of books and periodicals, taking orders for their future delivery.</p>

Judges: Bailey, Scholeield

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