Why Ordinance Is Declared Invalid

WHY ORDINANCE IS DECLARED INVALID

Judge Kinne Sees Discrimination Between Rich and Poor

Thinks Amount of the License is Excessive and Unreasonable and in Restraint of Trade

Judge Kinne, in his opinion on the transient traders ordinance, after reciting the facts of the particular case before him, says:

"In my opinion this ordinance is invalid. The fatal objections is found in the fact that is it excessive and unreasonable in the amount of the license fee exacted. It is prohibitory and in restraint of trade. Neither the charter nor the ordinance in this regard contemplated revenue. It looks only to license and regulation.

"Again, there is an apparent discrimination. There cannot be one law for the rich and another for the poor. Under this ordinance the wealthy taxpayer may escape this license fee, while the man who is too poor to own property which is taxable must pay. I think the defendant should be discharged."

The question of appealing the case to the supreme court will be submitted to the council Monday evening.