Meyers v. Baker

Citations

• 120 Ill. 567

Syllabus

<p>1. Camp meetings—section 59 of the Criminal Code considered as a police regulation, not as in restraint of trade, etc. Section 59 of the Criminal Code, making it a penal offence for any one, without the permission of those in charge of a camp meeting, to establish any tent, booth or place for vending provisions or refreshments within one mile of such meeting, with a proviso that any one who has his regular place of business within such limits shall not be required to suspend his business, is not invalid, as being in restraint of trade, or creating a monopoly, or making discriminations, but is a valid law, tending to prevent disturbance and disorderly conduct. The act is ■a mere police regulation, and one within the legislative power.</p> <p>2. The proviso in the act, that “whoever has his regular place of business within such limits is not hereby required to suspend his business, ” was not intended to be limited to those who might have a business within the pre■scribed limits at the time the act was passed, but applies equally to all who may, in good faith, establish a place of business therein at any time when •no camp meeting is in progress or being carried on.</p> <p>3. The court does not hold that a person, on the eve of a meeting being held, will have the right to establish a booth for the sale of provisions for a ■short period or during a session of a meeting, and claim protection under the proviso. To avail of the law he must have established a regular, permanent business. When that has been done, he will not be required to suspend ■during the time a meeting is held.</p> <p>4. The act does not confer power on those in charge of camp meetings to license the sale of provisions and refreshments. The fact that it confers on ■such authorities, the right to consent or refuse consent, can not be held to authorize them to license.</p>