Markley v. State

Citations

• 21 Ohio C.C. Dec. 225

Syllabus

<p>CONSTITUTIONAL LAW — AGRICULTURAL SOCIETIES.</p> <p>1. Statute Prohibiting Maintenance of Temporary Business within One-fourth Mile of Fair Unconstitutional.</p> <p>Section 7006 Ohio Rev. Stat. which provides that, “whoever establishes a temporary place of business for the sale of any article whatsoever, or offers for sale any such article * * * within one-fourth of a mile of the fair ground of any agricultural society, while the fair of such society is being held therein, unless he has obtained the written permission of the board of such society” and imposing a penalty for the violation thereof, is an unconstitutional exercise of power by the ■ legislature.</p> <p>2. Violates Federal Constitution.</p> <p>Such, provision violates Art. 14, Sec. 1, of the federal constitution, because it abridges the privileges and immunities of citizens, deprives them of their property without due process of law, and denies to each the equal protection of the law.</p> <p>3. Delegation of Power to Fair Board Unlawfully Restricts Business.</p> <p>The delegation of power to the board of such fair, to determine who shall do the forbidden act is an unlawful restriction upon a lawful business giving the board the power to destroy competition and create a monopoly, and deprive the citizen of a right guaranteed to him by Art. 1, Sec. 1„ of the bill of rights, of enjoying and possessing his property.</p> <p>[Syllabus by the court.]</p>