Shamokin Borough v. Flannigan

Citations

• 156 Pa. 43
• 26 A. 780
• 1893 Pa. LEXIS 1308

Syllabus

<p>Municipalities — Ordinance—Peddlers’ license — Trade regulation.</p> <p>A municipal ordinance prohibiting peddling without a license is a proper police regulation, but it must be directed against the business, and not against a class of persons engaged in the business, otherwise it is a trade regulation and invalid: Sayre Borough v. Phillips, 148 Pa. 482, followed.</p> <p>A borough ordinance provided: “ That from and after the passage of this ordinance it shall be unlawful for any person or persons, to sell or offer for sale within said borough as a hawker, peddler, toweling merchant, or agent, either by sample or otherwise, any garden, farm, or dairy products, or any other foreign or domestic goods, wares or merchandise, without first obtaining from the chief burgess a license so to do. Provided, however, that this ordinance shall not apply to those persons holding mercantile license within the borough, who comply with the market ordinance, nor to persons selling, or offering for sale, the products of their own farm or garden, and hucksters who first attend the borough market, and comply with the provisions of the market ordinance.” Held, that the ordinance was invalid.</p>