CONSTITUTIONAL LAW - EQUAL PROTECTION OF THE LAWS - DISCRIMINATION AGAINST TRANSIENTS VENDING PURCHASED PRODUCE

Authors

Michigan Law Review, University of Michigan Law School

Abstract

A Minneapolis ordinance required transient dealers in farm produce to procure a license, but exempted farmers selling their own produce. The appellant was fined for selling butter without the necessary transient merchant license as provided by the ordinance. On appeal, appellant contended that the ordinance was unconstitutional because of class discrimination since (1) sellers in established places of business paid one type of fee while the transients paid another, and (2) farmers selling produce grown by themselves were exempt while other transients were required to pay a fee and furnish bond. Held, that the ordinance was unconstitutional because the discrimination between farmers selling their own produce and other merchants was a discrimination so arbitrary and unreasonable as to make the ordinance class legislation forbidden by the Fourteenth Amendment, section I, of the federal Constitution. State v. Pehrson, 205 Minn. 573, 287 N. W. 313 (1939).

Recommended Citation

Michigan Law Review, CONSTITUTIONAL LAW - EQUAL PROTECTION OF THE LAWS - DISCRIMINATION AGAINST TRANSIENTS VENDING PURCHASED PRODUCE, 38 Mich. L. Rev. 544 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss4/12