Beitzell v. District of Columbia
Beitzell v. District of Columbia
Opinion of the Court
delivered the opinion of the Court:
The question in the case depends upon the construction of that portion of the act of Congress of July 1, 1902, which relates to licenses in the District of Columbia.
The act, by its seventh section, provides a general license system for the District of Columbia, applicable to all business, trades, professions, or callings, exercised and carried on
That Congress has express power, given by the Constitution, “ to exercise exclusive legislation in all cases whatsoever,” over the District of Columbia, thus combining the powers of the general and of a State government in all cases where legislation is proper, admits of no question. But whether Congress intended by the provision of the act of July 1, 1902, just quoted, to authorize the municipal authorities of the District of Columbia to tax agents representing the owners of property and business outside of the District, for the privilege of soliciting orders within it, as' agents of such owners, for property to be shipped to persons within the District, is a question of very great doubt. This, it would seem, is the nature of the business agency of the defendant in this case. He is a mere solicitor of orders for goods manufactured and supplied by parties outside of the District to persons within the District. It is true, the terms of the particular provision of the act in question are general, and might, possibly, be susceptible of the broad construction contended for in support of the prosecution in this case were such construction consistent with settled principles of interstate commercial regulation. Doubtless the Congress that passed the act in question was aware of the decisions of the
The act in question was not intended to regulate, in any sense, the commercial intercourse between the District of Columbia and the States of the Union; nor was it intended to affect in any manner the agencies employed in such commerce. It is purely a local act, and intended to have local operation only. In other words, the particular provision of the statute in question was intended as a regulation of a purely municipal character, and that is made clear, as was said in Stoutenburgh v. Hennick, upon the principle of noscitur a sociis, if the clause be taken as it should be, in connection with the other clauses and parts of the act re
It is our conclusion, therefore, tbat tbe provision of tbe act of Congress, under wbicb this prosecution was founded, does not apply to tbe case of tbe defendant, under tbe agreed state of facts, and tbat tbe court below should bave so ruled upon tire motion of tbe defendant and entered judgment of acquittal. We must, therefore, reverse tbe judgment, and remand tbe cause to tbe court below tbat judgment may be entered for tbe defendant.
Judgment reversed, and cause remanded for judgment in accordance with tbe foregoing opinion. Reversed.
Reference
- Full Case Name
- BEITZELL v. DISTRICT OF COLUMBIA
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- License Taxes ; Bbewees’ Agents ; Constitutionai, LaW; Interstate Commerce. 1. One who solicits orders for a New York brewery from persons resident in this District, to be filled and supplied to such resident persons directly from the brewery, is not a brewer’s agent within the meaning of the act of Congress of July 1, 1902, sec. 7, par. 36, requiring brewers and brewers’ agents to pay á license tax of $250 per annum. 2. In construing an act of Congress imposing a license tax upon agents doing business in this District, and in considering the power oi Congress to regulate commerce as between the .District and the States it is unnecessary to decide whether the District is to be treated as a State within the meaning of the Constitution; but it will be presumed in the absence of an express declaration to that effect that Congress did not intend to disregard the principle of commercial intercourse as embodied in the Constitution, prohibiting a State from imposing a license tax upon agents of nonresident owners for the privilege of soliciting local orders for property to be shipped to residents. 3. The provision of the act of Congress of July 1, 1902, sec. 7, par. 36, imposing a license tax upon brewers’ agents and others, was not intended to regulate the commercial intercourse between this District and the States, nor to affect the agencies • employed in such commerce, but was intended as a regulation of purely municipal character; and it is to be presumed if it had been the intention of Congress to make the provision apply to soliciting agents for nonresident owners of goods, that intention would have been expressly declared.