State v. Bowen & Co.

Citations

• 86 Wash. 23
• 149 P. 330
• 1915 Wash. LEXIS 1178

Syllabus

<p>Factors — Statutes — Regulation — Constitutional Law — Due Process — Liberty—Police Powers. The commission merchants’ act, Rem. & Bal. Code, §§ 7024-7035, directed against a class of factors or merchants whose principal business is that of selling farm, dairy, orchard and garden products on commission, who are defined as commission merchants and required to procure a license and furnish a bond, is a proper exercise of the police power of the state for the protection of health, safety, morals and welfare and the prevention of fraud, and hence does not violate any of the state or constitutional restrictions with respect to interference with liberty, equality, or the rights of property.</p> <p>Same — Statutes—Stringency of Act. The validity of the act is not subject to objection by reason of the stringency and difficulty of its requirements.</p> <p>Same — Regulation—License. The fact that the main features of the act are the prevention of fraud, does not invalidate the provision requiring a license, since regulation by license is appropriate.</p> <p>Same — Regulation—Bonds. The requirement of a surety company bond in the sum of $3,000 in order to obtain a license, is not unreasonable and invalid.</p> <p>Statutes — Partial Invalidity. Upon a prosecution for transacting a commission business without obtaining a license, the unconstitutionality of other provisions of the act cannot be inquired into; since the invalid part may be disregarded where the act is valid in part and separable and capable of execution.</p> <p>Same — Partial Invalidity. The act is not rendered invalid in toto by provisions for imprisonment for debt and recovery of attorney’s fees in civil actions upon the bonds; since it may be assumed that the legislature would have enacted the body of the act independently of such questionable provisions.</p> <p>Same — Partial Invalidity — Interstate Commerce Act. The act is not invalid as to commerce carried on wholly within the state because it contravenes t