Toledo (City) v. Brown

Citations

• 22 Ohio C.C. Dec. 357

Syllabus

<p>MUNICIPAL CORPORATIONS.</p> <p>1. Persons Selling Their Own Productions not Peddlers or Hawkers.</p> <p>Persons selling the products of their own raising and manufacture, designated in the proviso of R. S. 2669 (Gen. Code 3672), are not peddlers or hawkers against whom fees for licenses may be imposed.</p> <p>2. Discriminations between Sellers oe Their Own Products and Sellers oe Purchased Products are Reasonable.</p> <p>Discriminations in license laws between persons selling products of their' own raising and those selling purchased products, are’ not unreasonable. Tn the former case the selling is hut an incident of the seller’s business; in the latter it constitutes the seller’s business.</p> <p>3. Licenses Justified by Exercise of Police Power not Tax Power.</p> <p>Exactions of license fees in municipalities in Ohio are justified in , the exercise of police power rather than upon the right to tax for revenue purposes. i</p> <p>4. License Issued by Auditor upon Application to Mayor notTnvalid.</p> <p>License issued by auditor upon application therefor to mayor is in effect issued by the mayor and an ordinance so providing is not thereby rendered invalid.</p> <p>[Syllabus approved by the court.]</p>