State v. Moorehead

Citations

• 42 S.C. 211
• 20 S.E. 544
• 1894 S.C. LEXIS 71

Syllabus

<p>1. Hawkers and Peddlers — Sewing Machine Agent. — The act of 1893, 21 Stat., 401, forbids sales by hawkers and peddlers without license, and declares “that the provisions of this act shall not extend to vendors of newspapers, magazines, vegetables, tobacco, provisions of any kind, or agricultural products, or to sales by sample by persons traveling for established commercial houses, but shall extend and apply to vendors of every other class and kind of goods, wares, and merchandise, and to sales by sample or otherwise by such hawkers and peddlers of stoves, ranges, clocks, lightning rods, sewing machines, pianos, or organs.” Held, that the sale of a sewing machine without license was prohibited only to hawkers and peddlers, and that a traveling salesman of an established agency in this State for the sale of such machines, who solicited orders, sold by sample, and sometimes sold the sample itself, was not a hawker or peddler within the meaning of this statute.1 Mr. Justice Gary dissenting.</p> <p>2. Per Justice Gary. This act is not unconstitutional.</p>