In re Kinyon

Citations

• 9 Idaho 642
• 75 P. 268
• 1904 Ida. LEXIS 76

Syllabus

<p>Interstate Commerce — License Tax on Solicitors — Restraint of Trade and Commerce.</p> <p>1. A law requiring solicitors taking orders for goods and merchandise to obtain a license and pay a tax therefor is in violation of the third clause of section 8, article 1 of the constitution of the United States, when applied to persons acting as agents and' solicitors for citizens of other states in the sale of property not at the time within this state.</p> <p>2. A manufacturer of goods who carries on his business of manufacturing in another state may send his agents into this stater to solicit orders for the products of his manufactory without paying to the state a license tax therefor, and he is protected in so doing by the federal constitution.</p> <p>3. Act of March 16, 1901, providing for licensing of peddlers, hawkers and solicitors taking orders for goods, is unconstitutional, and an unwarranted interference with interstate commerce, in so far as it attempts to impose such burden upon the authorized solicitors and agents of citizens of other states trying to introduce and sell their goods in this state.</p> <p>4. Where the property, prior to the sale, has been transported to this state, and becomes subject to the jurisdiction thereof, a contract concerning the same does not look to interstate transportation for its consummation, and is subject to state regulations and control.</p> <p>(Syllabus by the court.)</p>