Speer v. Commonwealth

Citations

• 23 Va. 935

Syllabus

<p>1. S. 101 of ch.193, Sess. acts of 1870-71, p. 99, prohibits the sale of goods by sample, &c. by any person not a resident merchant, mechanic or manufacturer, and applies to citizens of the State who are not merchants, &e., as well as to citizens of other States; and the charge in the information that (he party is not a resident merchant, &c., is not equivalent to the charge that he is not a resident citizen. The question therefore does not arise whether the statute is in violation of the constitution of the United States.</p> <p>2. The word resident in the statute, in connection with the words merchant, &c., does not import a personal residence; but refers to the place of business; and any person though a citizen of and living in another State, may tahe out a license to transact business as a merchant, &e., in the State, and the statute therefore is not unconstitutional.</p> <p>3. The statute is not a regulation of commerce, hut is simply a revenue law.</p>