Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Another important line of modern legislation consists in the
subjecting of trades to a license for the purpose of _examination_
(the tax feature has been discussed above). Such laws are
constitutional when applied to a trade really relating to the public
health, but as we have found above, black-smithing is not such an
one; when imposed merely for the purpose of raising revenue,
such legislation is undoubtedly constitutional under our written
constitutions, but opposed to historic English principles, which
insisted for seven centuries of statute-making on the utmost liberty
of trade. In a South American republic you have to get a concession
before going into almost any business, even maintaining a shoe-shop,
or a milk farm, which concession is, of course, often obtained by
bribery or withheld for corrupt reasons. It is to be hoped that the
citizens of our States will never find themselves in that predicament.
Still, certain State constitutions, as that of South Carolina, provide
absolutely that all trades may be made subject to a tax, and the
tendency--particularly in the South--to raise revenue in this way is
increasing by leaps and bounds. Among the trades already subjected to
such licensing or taxing, we find doctors, of course, and properly,
pharmacists, plumbers, pedlars, horse-shoers, osteopaths, dentists,
veterinary surgeons, accountants, bakers, junk dealers, coal dealers,
optometrists, architects, barbers, commission merchants, embalmers,
and nurses. Of course it is a motive to novel or irregular trades to
secure a licensing law from the State, for the slight tax insures them
protection. This is the reason that we find common statutes allowing
osteopaths, etc., to be licensed. So far as I have observed, there is
no such statute as yet in any State applying to Christian Scientists.
Police regulation for the _safety_ of the public is found nearly
entirely in the laws regulating labor, factories, mines, or machinery,
and will be accordingly treated in that connection. Laws protecting
the public against fraud, which from earliest times has been a branch
of police legislation, have been of late years numerous, principally
in connection with the prohibition of dealing in futures or sales on
margin, of sales of goods in bulk without due precautions and notice
to creditors, of the issue of trading stamps or other device tending
to mislead the public. Some States have prohibited department stores,
but this legislation has been held unconstitutional, though the early
English labor statutes forbidding to any person more than one trade or
mystery will by the historical student be borne in mind. Usury laws,
of course, are still frequent, but decreasing in number with the
increasing modern tendency to allow freedom of contract in this as
in other matters, except only to such persons as, for instance,
pawn-brokers, who peculiarly require police regulation.
Public-domain text, read in full here on John Shaqi.
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