Information v. Jager

Citations

• 29 S.C. 438

Syllabus

<p>1. Where the statute requires a prosecution to be in the form of an information on the official oath of the corporation counsel, the presentation to the court by this officer of an information which states that the matters contained are charged upon his oath of office, is sufficient.</p> <p>2. A city council being empowered to impose such license taxes as in their judgment are “w'ise and just,” inquiry cannot be made as to whether the members of council approved the licenses charged in a duly ratified ordinance of the city. That the licenses -were “wise and just” in the judgment of the council is conclusively shown by the fact that the ordinance was passed.</p> <p>3. It has been judicially settled in this State that the power to raise revenue by a license-tax on business given by statute to the city council of Charleston, does not violate any provision of our State constitution.</p> <p>4. A license granted to a druggist by the Board of Pharmaceutical Examiners under the statute is no defence against a license-tax on the business of a druggist imposed by a municipal corporation.</p> <p>5. A tax on the business of publishing a newspaper does not restrain or abridge the liberty of the press.</p> <p>6. The city ordinance required a license to be obtained for carrying on a certain business, and imposed a penalty for each and every offence of carrying on such business without such license. Held, that the penalty was not a satisfaction of the license, and that an offender might be prosecuted a second time for carrying on his business without license after the filing of the first information.</p> <p>7. Petition for rehearing refused.</p>