Transcript of Record — Breard v. Alexandria

Supreme Court brief1951

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No. 399 - ae

JACK i. ‘BREARD, APPELLANT,

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City of Alexandria:

eam came > and appeare ;

: “ines eit Hoses to eam) | |

"+ Tn-violation of the Ordinances: of: | be i

Louisiana, in such cases made and pr i

the peace and:dignity of the same, and

prays that the aforesaid Jack “ity ue '

% eas peak with seoprding: ‘to, law.

ie : Signed Alfred Hall, bye

Sworn te vst subeoribed’ before n me e this 29th Ks of tt une,

| 1949, “pupae & era Soe recone

g Dispositi ion

on salled.’ ‘Defondant. a pets aad isa Not Guilty. we

| bere and found guilty, and ntenged as follows : $25.00 or

ays. | ie

4 yh Noticeiof Appel given in open court. Appeal Bond pred

oat $100.00 and aces pesties Supreme Court,

ty - fore ey "Gas Bie City iden

Witnesses for City, Altrea Hall. |

‘[fol. 2) Appearance ‘Bond: : $100 00.

/ Officer: Stafford J. Riche:

: Besos Officer : Alfred Halt

‘ 1--399 |

fteneii

rd may. he arrested. |

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“

: Ri ae - mas yee 2 Nath a os oN MEARS rere

.« (fol. 3] Crry Counr or Avexanpaté Warp; Parise or Rarroes, .

ST oe -. , . Srars or Lousuwa PRS

ssa ae [File end rsement omitted. ] . : | E-

‘“. Crry ov Avexanpria, Louisa,

OR eR eS

SiGe Us ah an he ee kt RR ae

- Jack H, Baranp -_

“Mo the Honorable, the City Court of Alexandria for Ward

One, Parish of Rapides, State.of Louisiana; “

_. Now into Court through undersigned counsel, com s Jack.

iH. -Breard, made defendant in the above numbered and -

. entitled prosecution, who, before arraignment, ‘and with —

- . full reservations of all of his. rights to further, move, demur _

or otherwise plead to the affidavit. herein filed against him, -

_ with respect to the charges therein laid, respectfully shows |

this Honorable Court that the affidavit upon which this —

a prosecution is basedshould be declared illegal, null and

= void and that said affidavit should be washed and set

aside, and held to be of no further effect for the following,

among other. reasons, to-witr. > © sf Ke

L Dafendant, a resident of and icf his head- -

quarters at Dallas, Texas, is.a regional répresentative

_ Of Keystone Readers’ Service, Inc., ‘a Pennsylvania. §&

corporation with its main office in the City-of Philadel:

phia, Pennsylvania, and in furtherance of the business

-of such corporation is, and has been for many. years, ~

_ engaged in house-to-house solicitation of subscriptions

for nationally known and distributed magazines and —

periodicals all of which are printed and published in

[fol 4]- various states: other than Louisiana. Hach

subscyiption order is sent by mail to the proper pub-

, lisher, who, upon aeceptance of same, sends the ‘partic-_

- Ular magazine or periodical by mail directly to the |

-. subscriber.’ The defendant was engaged in such house. ©

to-house solicitation in. the City of Alexandria. at the

/. time of his arrest. Ee See pee ye

_... 1 2. Penal Ordinance No. 500, as amended, of the City

of Alexandria prohibits, inter alia, the practice of

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a ce DS * ue ; - : : Ms

PRO sac fi : ; era oy

: ay at

going in and upon the private residences’in the city by

__° golicitors and others without the prior consent of the :

owners or occupants of such residétices for the . ir

- pose of soliciting orders for the. sale of goods,.wares,

‘and merchandise. ‘Such solicitation without prior con- =

_ gent is declared to be a nuisance and is punishable as |

| 8. Said ordinance violates the due cr a mala of

“the Constitution of Louisiana (Art. I, Section 2) of

the Fourteenth Amendment to the Constituti x

United States because, among other rea

- “nance arbitrarily, unredsonably and unduly burdens’

and curtails and in ‘effect, denies the fundamental

.. right of the defewdant and others similarly situated |

to engage in a lawful private business or occupation. —

_ "4, Said ordinance, as applied te defendant and others

similarly situated, imposes af undue or discrimina-—

tory burden upon interstat . commerce, and in effect

js tantamount to a prohibition of such commerce, in

_* “violation of Art. I, Section 8, Clanse 3 ofthe Constitu-

"Hon of the United States.” /° > path

. ,[fol.5) 5. Said ordinance, as applied to defendant

and others similarly situated, vidlates Art: 7, Section 3

| “of the Constitution of the State of Louisiana and.

| Amendment I and Amendment XIV, Section 1 to the

Constitution of the United States, in that it abridges”

the freedom of speech or of the press because, among —

other: reasons; it piaces.an arbitrary, unreasonable

_ and undue burden upon the well established method of

~~ distribution and cirgnlation of lawful magazines and

” periodicals; and, iv effect, is tantamount to a prohibi-

ie _ ‘tion of the utilization of such method. =.

: Wherefore, Mover Prays: Poe es os ae 5 = ss : ty

1. That. this motion. to quash be Sustained and that

' the ordinance and affidavit upon which this. prosecution

is based be declared illegal, null and void and contrary

to the provisions of!the Constitution of the State of —

- Louisiana, and the Constitution of the United States.

2. For such additional relief as law, equity, or the

nature of the. case may permit: ef, hs

~ By his attorneys: T. C. MeLure, Jr., J. Harry Wae- : |

ner,, 2238 Fidelity-Philadelphia Trust Bidg., Pie F

oe a . ry ; . ° oe : - . ;

ers saa pass M ; 3 at } said w PETES te . ss ;

ey * aetphia 9, aE Rul Shoal, imo n9 Pua

, 4 &

_ Building; ‘Philadelphia’ 2, Pennsylvania

aan {to 6] _Detvimern ew: Cc. MolareJr 3 Jurat omitted a

me ate , ” F,

i dllleeieeeeneneiememenent

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ie Ve " [ite omitted) . a y

"Bill of Roeptions—Filed Api 1, 1950.

Ser!

Be it Remembered, that before the trial of this’ cause e the :

Be ‘defendant filed a motion to quash the affidavit and charge,

___ Which motion is hereto attached and made a part hereof bat ae

_ incorporated herein, and said motion was overruled by _

the court, to which ruling of the court counsel for the defend-

ant then and therp excepted and reserved a Bill of. Excep-

tions which, after fiaving been submitted to the City Attor- . :

a eda he tenders to't fhe. e Court fc for signature, a

a tot 7 1 Cer Cour o or P Auaxaxons Wax, Raioes = Pax .

a. pass We ner, 2238 Fidelity- Philade'phia Prost P

Bldg., adelphia, Pennsylvania; E. Russell -

: Sheeley, 1719 Packard Building, Philadelphia, —

Pennsylvania; T. C. ‘MeLure, Jr.,- 606 Murray {

Street, Ales ndria, Louisiana, siplde he vid J ack | |

- ¢

PEt, Be

ft Breard, by aT, Cc. MeLure, Jr.

ee Signed and adiowd within the time allowed by. the Court. / oy

es Se sae taka, this m ast wee of April, 1950. we

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"Alexandria, ‘ouialace, a

as : Tune 29, 749,

3 ~ Case came on n this dey for trial, and on 1 motion of ca basal eae

. dee City of Alexandria, Louisiana and counsel for * le efend..- as

“ | = Jack H. eheoas case continued without date.

cat

are ae "Asada Lian | x oe

“March 5, 1950. ot TE

Connael for defendant filed in “Open Court a Motion’ to.

. Quash, which was Overruled, ae case was set for ioe on

ot aes Ree Loe

ASG a Se : ae : "Alexandrie ‘Louisiana, :

ee seme oy a we eee eg eee 1, 1950.::

ae “ Gownael for defendant: Jack i. Breard, filed a Bill of

ae = to the Noises of the Court upon the Motion to

ya 2 i$

- is "Alexandria, Louisiana, OE

Sea ge ee _ April 1,,1950. . Z ee

e mbiaé case came ‘on this day for trial, npou agreed stipula- A

; “Hous of fact, filed by counsel for City of Alexandria and

Jack H. Breard. The Court considering the law and the evi-

_.. dence to be in favor, of the City of Alexandria and against -

_ “the said Jack H-Breard, the said Jack H. Breard was found.

guilty and sentenced to pay a fine of Twenty-Five and ss

No/100 ($25.00) Dollars, and in default of payment of fine, =

_ \ to.serve thirty (20) days in the city jail, pour ake to bibs Bey |

on streets of said city. | oe

ee : "Alexandria, ‘ouliians,

| eae ce ice eG Ree “April 1, 1950.

“Counsel for ‘a tedan J a kE Bical. requests a sus- /

pensive and devolutive appeal, which was granted, return-

able to the Honorable Supreme Couri of the State of Louisi- »

ama, at New. Orleans, Louisiana, on. the 15th day of May,

| Tol. 9] 1950, Appeal bond fixed in the sum of One Hundred NY

a and thleae ai Dollars. ae : (ee

’ Breard, filed in Open

e appeal bond, in the sum _

100.00) Dollars, = fj

UP viRer 4 ee Het ‘

Riera a ;

_ > Tfol.10] {File endorsement omitted] _

_. Crry Counr Avexanpata Wann, Parise of Raproes, State oF

i ea Pt en ee eo

‘(Title omitted}: 0 4

eT ES

Bey Rxpe =.

pate $

-. Sripunation or Facts—Filed: April 1, 1950.

. . And now, to wit, this Ist day of April, 1950, the parties to -

_ the above entitled cause, acting by and throngh their re-

spective attorneys, hereby stipulate and agree as follows:

: 1. (a) The City of Alexandria isa municipal corporation .

_ organized, created and functioning under the laws of the —

State of Louisiana and is located in Rapides Parish in that

_ State. There is in effect in the City of Alexandria Penal.

~ Ordinance No. 500, which was adopted ‘in its present. form

October 6, 1947. The ordinance prohibits, inter alia, the -

. * practice of going in and upon private residences | 1 the City

by solicitors without the prior consent of the owndrs or occu-

_ pants ef such residencea for the purpose of soliciting orders

_ for the sale of goods, wares and merchandise, Such solici-

_ tation without prior consent is declared to_be a nuisaneé

_and is made punishable as a misdemeanor. A copy of such. -

ordinance in its present form marked ‘‘Exhibit A’’ is at-

' tached.to and hereby made a part of this Stipulation. ==

_ (b) Said penal ordinance, or one of similar import, has -

_been on the statute books-of the City of Alexandria, Louisi- —

ana, for many years. Such ordinance was enacted by the _

. City Council, among other reasons, because some.difitechold-. _

ers complained to those in authority that in some instances, _-

, for-one reason or another, solicitors were undesirable or dis--

courteous, and some householders complained that, whether —

a solicitor was courteous or ‘not, they did not desire any —

(fol. 11] uninvited intrusion into the privacy of their home...

ee , i"

et eae

Country. Gentleman, Holiday, Newsweek,

gkanopolitan, Esquire, Pic, Patents, To-

é day's Cs Foitian: aE 7) : |

are published for profit 4nd are printed and published in

“various States, (other than Louisiana), particularly in the

~ ities of Philadelphia, Chicago and New York. Keystone

.. gines and. periodicals, . = ss useh A thineegt tec:

4, Each issue of the nationally known | periodicals ‘and.

~ magazines referred to in the preceding paragraph contains

_* 0n political, social arid economic questions and material de-

voted to. literature, history, current events, indwstry, the

sciences and arts and, as such, enjoy second class mail priv® - —

leges under the postal laws of the United States).

5, Keystone in the furtherance of its business has divided —

\ ‘the United States into nine regional areas, each of which is —

-. in charge of a franchised regional representative, who. in-

_ turn atilizes crews of solicitors to go from house to-house in |

- the various cites nd towns in his regional area and: solicit.

‘periodicals, During the year 1948, the: total subscription

vain of subsgriptions obtained -by Keystone Solicitors — —

. throughout the country amounted t $5,319,423.40, .

_ § All soliéitors of Keystone are carefully selected. ac-

_ized by Keystone to solicit subscriptions, he is carefully -

_ investigated as to his moral character, honesty. and in-

~--tegrity, personal.appearance, educutional quatifications ahd —

_ standing in his home community. . If the investigation is —

2° RES

oe 8, The Saturday Evening Post, Ladie: 3 Z s

@ True. ‘Such periodicals and magazines 3

‘operates under contracts’ with the publishers of such maga- .

information of a public character, fiction, advertising, views.

: [fol 12] subserivtions for the aforesaid magazines antl

cording to a well defined plan. Before any person is author- — |

Ae Sets oRb: ities akc person is selected as a ‘selidion; and is fur- —

-f’. oe. nished with a Keystone credential card identifying| him as

i We aes being authorized by. Keystone to act as a solicitor ant recit- aS

* ‘ing the limits of his authority. ae

Tee age 7, Upon being selected, each solicitor is given: a course in.

.. salesmanship and is particularly trained and directed (a).

_. “to display tis credentials to a prospective subscriber and te.

us observe a courteous ‘and conslenmnke raanner in ‘soliciting, zs

: -*. (b) to retire immediately after makiiig’ thy purpose of his

Z eee known if the prospect does not wish to to‘subscribe to the .

«js magazines and periodicals and. (ce) to ‘refrain from going

. ° .,. upon any premises where there is displayed a card or sign -

}. _, * indicating that solicitors are. not welcome or wanted. AL

erew manager is in charge of each crew of solicitors. It is

the duty of every crew manager to see to it that his crew of

_ solicitors operates in accordance with their training and ©

. "| instructions. Any infractions of the above training and in- -

‘\. structions result in the suspension or withdrawal of author-

7 sity of a solicitor ‘depending upon the Lauder’ circum- :

| - -gtanees.. -

Fae Ses 8. Keystone sends a card from: its heine office to new aor |

“ -:_'geribers ackiowledging receipt | of the subscription to which —

- _ “is attached a business reply verification card which; among

_, other things, requests information as to the subscriber's _

-impression of the solicitor responsible for the subscription. _

- A copy of such, eards marked ‘Exhibit B’’ is attached: to

_. and hereby made a part of this,stipulation. —_ z

-.* [fol. 43] . 9, The National Association of Magasine. Pub- :

"Fishers, Ine., ( formerly known as The National Publishers .

seas oa | Association, Tne.),—-a membership and: trade organization

of the magazine publishing industry whose members publish |

approximately 400 nationally known and distributed -maga-—

zines with a combined circulation of 140 million copies per

ee issue. The Association sponsors and maintains a Central

pes, Ey _. Registry Plan, whereby subscription agencies, like Key- '

| _ stone, and publishers having. their ‘own field selling sub- |

~ seription organizations expressly agree in writing to adhere _

to prescribed standa.ds of fair practice in magazine sub-_

_ scription solicitation and to register the name, address and

_ physical description of each of their authorized solicitors.

.__ Every signatory to Central Registry Agreement is expressly

pledged to assume full responsibility for all money collected —

by its authorized solicitors and to fill or cause to be filled‘all

eerie up to the amonnt paid by each ‘subseriber.

‘\

—

yere

. . ; op Peer Bont ke,

. \) t > 2 : Pi 4

—— ee

_ The Central Registry list of. signatories is. furnished from ne

i time to.time to local police authorities, Better Business

_/. Bureaus and Chambers-of Commerce... Keystone is.a signa-. ~

_. “tory to the Central Registry Agreement and each authorized

_ golicitor of Keystone is individually registered with the

Central Registry and is pledged to abide by the prescribed

standards of fair practice, 8 Lae

40. Solicitors of Keystone are not permanently assigned

to any particylar city or town but move. from locality to

Jocality within their regional area in catrying on their —

"solicitation activities. The solicitors normally spend one or —

<< two days in each city or town depending upon its size. Key-)

. stone and its solicitors are engaged primarily in the ‘pro:

eurement of new subscribers-to magazines and periodicals .

of the publishers, Solicitors are compensated entirely upon

_ gcommission basis, \- ° 6 f a

. IL Keystone seciiae Sts ebbudtors and ¢rew managers

to visit the local ‘police authorities of each city or town and

identify themselves before. starting their solicitation work

-, [fol. 44] in such place and to procure any permit or license.

_. which may be required under @ local ordinance. The local

. Better Business Bureau or CHamber of Commeree, if any,

. 1s likewise visited or notified. These local authorities or

‘bodies by referring to, the Central Registry list in. their~

~ possession ate thus feadily able to ascertain that. the solici-

. tors represent an accredited subscription agency. ae he a

12. Solicitors of Keystone at no time make deliveries eee

any magazine or periodical. When a willing subscriber is

found, the solicitor fills out and signs an official Keystone —

_ order form and collects the full subscription price. The. /- ,

-. Official Keystone order forms, which are put up in pads andj ey

~ serially numbered, are \divided into three connected tabs :

designated respectively as ‘‘Order to Publisher’; ‘‘Gfice ~~

Record” and ‘‘Subscriber’s Receipt’. ‘The ‘‘Subseriber's) 7 -.

Receipt’’ is left with the. subscriber and:the other two tabs '

are sent through the United States Mail to the particular

_Tégional representative, who \after noting the information -

on his records, sends the two\tabs by United States Mail

to Keystone Readers Service, Inc., at its home office in the. _-

_ City of Philadelphia. The home office retains the tab .

- designated as ‘‘Office Record”’ and forwards the tab desig- -

> hated as “Order to Publisher’? by, United States Mail to

“the proper publisher who, upon acedgjance of the subscrip-

¢ : \

Y 4 deticnlar periodical: or magazine throng

iited ‘Stites Mail — to the subscriber.

, » order form! for publications of ©

AN | Publishing Company, which is typical, is at-

PITS ‘tach te ar “pareby ‘made cant of this stipulation as

|. “ixhibit G7" Ca ae

\ 13] The solicitation of subsMiptions in. the field regularly oS,

- accomnts. for. rom 50% to 60% of the total annual subserip-

Ja. « tonpeite out

\ - sub nit verifi éd circulation reports to the Audit Burean of

ae tions. (commonly known as ABC), an’ independant

— - [fol 15) ‘goncerning the volume of circulation of most news-

+ papers ‘and magazines for the benefit of advertisers. “Dur

ing ‘the period. from 1925 to date, the average ‘elroulation

‘per issve of*such magazines attributable to field subserip-

* serh ations and single-copy newsstand sales, has amounted

more than 30% of the total average annual circulation -

~ pér issue, as appears from ‘Exhibit D’? hereto annexed z

J and made a part of this Stipulation.” - - a

- 5 Vas Penal” Ordinance - ‘No. 500 is a ‘oe valled Green River _

+ Ordinance as it is based upon an ordimance originally pre

. x “pyakgated ‘by the town of Green River, Wyoming. Green —

«| Rivér Ordinances were enacted in. over 460: cities through-

., out the nation during the period from 1935 to 1939. ‘While

ons. the exact number of such ordinances enacted\ since 1939 is

os not kn wn, many oo cities and toes oe enacted

such or inances since 1939, particularly since World War.

~ IL Keystone’s solicitors encounter these ordinances most

As sdioepcred in the Ronthern and Wi paters States. |

: et solicitors: of Keystone | have a. pe price

cae scription prices range generally f. om $2.00

te $6.00 per year) and the present method of operation by

>. Keystone and its itinerant solicitors is consid red b , them

- to be the most ; :

16. On Jung :

ee pose of “house ae solicitation. Jack i. Breard, the

“defendaiut, was irc arge. of this crew. Mr. ‘Breard: ni

lation of- nationally-distributed magazines which -

orga nization, which regularly verifies and issues reports

tion solicitation, as. distinguished from direct-mail sub- —

on ; Ka i : Ee. ae tod S : eat ; ae accceeats

_.. franchised regional representative of Keystone, residing at

. Dallas, Texas, whose regional franchise includes the States

~ | of Texas, Lonisiana, Missouri, Arkansis Colorado, Okla-

“*homa, Nebraska and Kansas with headquarters in Dallas, =

Texas. The solicitors upon identifying themselves to a

Chief of Pole of the City of Alexandria were referred to _ she

"Frank H. Peterman, Attorney for the City of Alexandria, — BPN tore]

ffl. 16] who advised.them that under the proyisions of ==

.-. Penal Ordinance No, 500 the solicitors could not lawfully 9 =)

- make house-to-house’ solicitations without. obtaining the . 9 - ~

prior consent of fRe occupants of such houses. Mr. Breard |

advised Mr. Peterman that eounselfor Keystone had advised \

~ that an ordinance like Penal Ordinance No. 500 was uncon- °

stitutional; therefore, he and the other solicitors proposed —

~ to engage in house-to-house solicitation without the prior

-. -eonsent of the owners or occupants. of such houses. As ~

jndieated earlier in this~stipulation, the “defendant was

~ © arrested for engaging in such solicitation, = {

<>. ‘Frank H. Peterman, Attorney for the City of Alex; =

-. |)°<« /andria; 'T. C. MeLure, Jr., 606 Murray. St., Alex- ~.

|. “andria, La.; J: Harry Wagner, 2238 Fidelity-

ae Philadelphia Trust Bldg., Philadelphia, Pa.; E.

Pec: ‘Russell Shockley, 1719 Packard Bidg., Philadel-

eNeis tes phia, Pa., Attorneys for Jack H. Breard. |

‘soak 7. és Exaterr “A” go StipuLaTioN as Aen

* Week

>. Pewat OnpinaNnce No. 500 Lee

|. “An ordinance regulating solicitors, peddlers, hawkers, ©

- itinerant. merchants or transient vendors of merchan-

___ ,dise in the city of Alexandria, Louisiana; declaring it to |’.

be a nuisance for those engaging in such pursuits to go

in or upon’ private residence without: having been re- — \

* quested or invited to do so: proline penne for the vio--

_'' lation hereof ; repealing all ordinances in conflict herewith.” »

. Section 1. Be it ordained by the council of the city ‘of —

Alexandria, Louisiana, in legal session convened that ithe

_ prattice of going in and upon private residences in the

ity of Alexandria, Wouisiana by solicitors, peddlers _ oe

- hawkers, itinerant merchants or transient vendors of mer-

“dandios not, i harlng’ bebe requested or + invited. 80° to ie we

the owner or owners, occupant or occupants of said private

ipo tsi for the purpose of. soliciting orders for the sale =

|. > of goods, wares and merchandise. and/or disposing of

“and/or peddling or hawking ‘the same is declared to be a

‘>. >” aulisanee and punishable.as such nuisance as a misdemeatir. -

©. Seetion, 2. Be it further ordained, ete., that any ‘person

Ve violating: the provisions of this ordinance. shall: upon convie-

_ *\ tien thetéof be fined not more than $100.00 or imprisoned Ft

1. ‘mot more than 30 days or. both fined and. Meperones 2 in n the ot

Foes Rect discretion ot the. Court. .

. ~.§eetion:3.- Be it further ordained, ate.: ‘that the provisions

of this ordinanée shall not apply to the sale, or ‘soliciting ao

of orders for the sale; of milk, dairy products, vegetables,

ius Nace - pou try, eggs and other farm.and garden’ produce: so-far &

o> \ @gethe gale ‘of the eee ok pied & herein i is AoW author- cae

ey ee ized by law, © Sapte sf

: sction 4.-Be it further ordained, ‘ele, that “it being Be

Peet dee ned by} the Council of the City of Alexandria, Louisiana = E

_, | that_an emergency exists, this ordinance. shall go inio

a Le Hol. 18). effect immediately’ upon its passagé.. >.

Warm ' Section’ 5. Be it further ordained, ete., that all Steunass wee

ab oe - or parts: of ‘ordinances ee. conflict herewith are perety, re

|i: pealed, ecg rien Fees aC

“Cenrtricare. Vee wk

e. : : 5 .

zy heeby certify that the above i is a true “copy ‘of an-or-

a a nance adopted nthe nnd aie Couneil at its: regular meeting is

| eo on thas Ry 1947.

ie * ater emi = Secretaty.-easnrer. i"

SEMEN IS BPS ESAT TT SEES : ‘ i Megs ; ‘ 3 ye

;

“fifo ee | Exaier “Bao Snevianos :

-Kavsrons. Reavers’ " Senvice Ses

ae * 920 8. 16th Street, Philadelphia 2, Pa, Ais

Dear S@pscarme: OE ees |

"This card ‘is to ‘thank you for th subscription which. We ,

6 have received in your name. =< \ |

_ . Env order that we may be sure your subscription Getipted

with the Postal Laws and Regplations, we will appreciate,

: it if you will answer oe questions on the atlsched card :

on which'no postage stamp is necessary. © aS

> Your subscription will be entered immediately upon re- |

- of your reply. ‘Thank you. | % woes es

Very traly yours, Keystone ‘Readers’ Service. ee aot

- First Clase Permit No 5344 (See. 510, PL & R. ) Phila-

| — Pa. | ee =e

es: "Business Rev. Kiet | Je EE AR

; ‘No. ponies stamp necessary if mailed in United States

% “’6 postage will be paid by the Keystone, Rosters’, Rervice:

mo 8. 16th Street, Philidetphia re aS

ae — TM ms os

toh 20) Exar “or Kee Smut. ATION by ee

A a a a ce fe New iC . Renewal ( a

a pce eee lm oe fate Ae

: a (Please print name and address) ae

‘ The § : one Evening Post for aterm of... RECEE vg = i:

= a“ Home Journal for a term ghar ee, See

& es Holiday for a term of |: cee ix $. Yet ees

ok ount : Gentlean or- aterm of. oy ee i a

oes,

4 R. | zs ae and to a te 2500 only; exoépt

renewals.’

7 a certify hat the full sinount as ined aor was paid 5;

home BE Ss |

- Solicitor: i n cy BPs re wae. Dated: a ee

(+) It gift subseription, check here and fill in na e and

address of donor on reverse. of this order. Do hot detac

this form from office recind So

A Woh UTR ice Record 3

; Thave this ve sold the pane indicated below to:

Name. .... si: Sipeaee a BA whee oe waaas ; wie es rages Ea ,

Street’ ee ue paas eece es pe /< ceeds Cp cre Sees ae

City ee ESE ATMO. Ss cae we ea State .

Lacie ~ (Please print name and address)

The Sainrday Evening Post for a term Of: | ee

Ladies’ Home Journal for a term of ....:. $... eee

a '. Holiday for a term of :....... $.....,

Country Gentl¢man foratermof........ eS tes

AR. F. D. addresses. and towns under 2500 ‘only except Ps

ees renewals. De. Sores eee | ep

. Solicitor... : eevee y. i pee Date Se

: Distriet ae EOE Ney es 0s See ee

fol.22) Subseriber's Receipt: SF : =

4 Received from . ime oe Reber Pie eect Rave ier o

peer, Ste age pone ye payment for the following order:| 3

ae The Saturday Evening Post for a term of :....... $e... ee

ates: Home Journal for a term/of ........ ee

. Holiday for a termof ........ Bo eee

Goulisy Gentleman for a term of . eg? oh ies oe Jege

: © (RoI F. D. addresses ans towns under 2500, only; except

“‘yeowals ) Be

Do not pay-if offer varies fro ow terms orishas on reverse,

_ This roontpt itis only for paisieiieie above.” See

Solicitor - Ce ie aes = “Date pice: oe

- "Keystone. Readerw? Service — oe

« “2908 - 16th Street, Thleaioee 4 2, ‘Penna.

+ x + Eps ‘5 \ Pte

(Here Mollows 1 Paster, side folio 03.)

qo PS SP aS eee

LS et

o> fos

ption circula , tion figures shown in

+ Gy MAMENDAMMMONMAMOAMBOMRG | mo

" [go ° seeebeeeeceaesssgezsasts| ss

“Total

ad eet Ped et et ot wd

as)

and farm publications reporting to. -

u of Circulations. Circulation of technical and business publications and comics is not included.

HOWOOTANOCANN DH HOOMODNS oC |

| SRAARNRARKRSSSEAISSSSTSS | ES

No, per per

Issue Beet

~ B g

" 34 -

> 3A

38.

‘41

., 44

- §4

rts of Audit Bureau of Circulations for

oN.

“| Becond Six Months of Each Year) /

° sSeuesessseccdceusasesis

, MHADEMAGCOMARMOrANDDMBDOMDOOS) ww

——

: eee nes ; ae ; . - x: “ S

we AATENLONMOMCDDTHWe TOO

circulation

New York

. ‘No.-per

. Iasue

/ 46

.. $8

ana

r, 51

. 4

ere §

is)

55.

1301.8

BR RS CR, Ns EE IRR ie RR ae ae

foot

otal

9 {

‘

3 ?

Subscription Circulation —

Mail

Solicitation

’

fod ae 4

’ tea; “ seeks

- ; - ee

ve “6% ; ,

WA...

+ 5 4

ae 30.

a7 Te

28.

' 29

ee,

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- 20

» NMBRINSMomaANBoMnomtHMoONKH | Ow

| SRANARARKANRRARRAAARARASS | BS

per =

ees

No. :

AVERAGE CIRCULATION PER ISSUE OF A B

eee)

Exurerr “D’’ To SriPuLaTion *

Was

;

NN * ee . * . . a 3 Re ee. 8 Ate EO Bee os aloe ek ce

" RERBASSSSSSARARASRNARKAE

culation in millions of copies per issue for all gen eral : SAA

- : : pao uals : . a ~)

ie 2 ¥ . 5 7

AMAOGHAGAGVOMAGONSTAROMAREN ay

eo:

BES Py i ee ee OR: ene Rag eS ple. ee gy Nee. ae Acre

- *RARKRRGRRRARAAERESERRSSS | SR

7 ond 9 show

a MN SR OPT elt Tee Be, amet, Tope ONS AOR eek te RA SO oe Pr ota See SAT a Ge. Sree

figures shown in Columns 1 and 3 are, respectively, 55% and 45% of total annual subscri

Column 5. -

6 Ea ee OR Re eee Rw KO es Oe Oo) Robe

, 3, 5,

2. Circulation figures shown in Columns 5, 7 and 9 are based

Soe grads SO ON SAAS Le Sie Cpui Ee Vast tc Sty! MEU ERC eat SOE Ste Se Ve Mea Rete tale ae

et See be Pee SI ee A ee Bone Coe Re foie See tee er tee MRE Ok co me ee tek Ya

BRN RR BE OE MEGS Go ae Nn Bo a tae a eh Se oe ey Oe

gE EM ou hth, id) AME OR ER Me Ue ia See Sis Seek See ge ea Ge Se wo ee et ee

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upon published

six months of each year, as compiled by Magazine Advertising Bureau

ee ay TS

. . . ee . * BY a Re OB) oS OR Or ee

I tis atta a et as RI ee Oa SONOS fe a eat ed He Te Nb eae Mn RAO, Se gr eh eRe Bildo waa Meee

Ds Rs RFS AS OE of RR ee ARR A ee 8 a 3 a ee gg a ig Oy

Year

tere

ta 2001 Ix mE Surseue Cour OF Lovina

- Doeket No. 39898,

Fuse iH Peete, for Plaintiff ‘and ‘appellee

ae Haney Was, E. Russi. SuocK.ey, and T. C. Mclwune

: B. for Defendant aud. appellant

“Docker Esme OS ane

1950.” {e

‘April 27 eS case ‘and filing tecorda from the City

Sos + URE for the parish « of apices No. ‘doe D Gus

V u

April 27th. Fixed for Teas Oh. 1950.

April 27 Counsel notified.

. May 9th Motion for perthission to file briefs « as amicus

Curiae.

~ May 95th. Brief of. cite Curiae.

May 29 Brief for Spee nee eae

May 31st. Briefs for appellee.

June 9 Called, argued and Tubmitted— se

June 30 Final judgment and opinion.

Sept. 25th. Petition for appeal and order allowing appeal:

oT 25th. Assignment of | mene and Beny OF for re-

' Sept. 25th. Bond for cost. _ De | ~

Sept. 25th. Supersedeas Bond.

- Sept. 25th..Statement as to J utlediction.

Oct. 4th. Motion. to dismiss appeal fi irgsiseet Coart

of the. U.S.

Oct. 13th. ‘Stipulation.

Oct, 13th. Acknowledgment and nceeptanee of service.

[fol: 5) Cost Bond on ‘Appeal for $100 approved jad filed

peel 1, Foes, omitted i in eres

‘[fol. 26y. ‘Clerk's Certificate to foregoing (ranseript eet

ted in printing.

|» to quash and in-holding: that Penal Or inance No. 500 of the |

| City of Alexandria, Louisiana, \as applied to appellant and

| _-_ other solicitors similarly situated did not violate Art. I, Sec.

__ tion 3 of the Constitution of the State\of Louisiana and | -

,+smendment I and Admendinent XIV, Section 1 to the Con- | ~

Stitution of the United States which guarantees the freedom _

of speech and of the press.

ripe

e es, ; f Veus, ae ; Se

os ee . 4 S54 a shes } . : 4 = petoccpen uy.

1 ¢ te ‘ y f oe Sok ble

. ‘ oa, / Yao aes ‘ . pe Ags 2 i 1s,

y 3 ; Z aire ase . 2 ‘ . / i odor: e

aw at . z aera Se » = « Bg Pec

[fol. 27] a In Suranme Cour or Louisiana rae

“fol 28] — Ix Svrnems Cover or Lovisiawa ?

a8 No. 39898

= : Lee - Crry oF ALExax ‘ DRIA, ' ‘Lovista NA os hs

¢ «\ s a see 35 NS. 3 : z : .

anes | The ES Jack H. Brearp i 2 ed an :

Appeal hg the City Court, Alexandria Ward, for the .

_, Parish of Rapides, Hon. Gus. Voltz, Judge.

ope eis 8, Oe

Mowe, Justice: ~ Ge ec ae

_. Jack H. Breard, a resident of Dallas, Texas, and the re-°

gional representative of Keystone Readers Service, Inc., -

. which engages in t ‘house-to-house solicitation of maga-

_ gine subscriptions on a nation-wide scale, has appealed his .

| conviction (and. the sentence of $25.00 fine or 30 daysinthe

_ ¢ity jail of Alexandria, imposed. thereunder), which’ arose

out of his admitted violation of Ordinance No. 500 of the

City of Alexandria, entitled: ee ent

«An Ordinance Regulating Solicitors, Peddlers, 9

. Hawkers, Itinerant Merchants or Transient Vendors _

‘of Merchandise in the City of Alexandria, Louisiana: =

‘Declaring it to be a Nuisance for those Engaging in _

Such Pursuits to go in or upon Private Residences

‘Withont Having Been Requested or Invited to do so:

. Providing Penalties for the Violation Hereof; Repeal-- .

ing all Ordinances in Conflict Herewith.” —

-. Appellant contends that said ordinance is unconstitu-

_ tional in the following respects: Ute Cec es ae

(1) It arbitrarily, unreasonably and unduly bur- . s

dens, and in effect, curtails, and in eflect, denies the

. ‘fundamental Evia of koe persons to engage in a law-

- ful private business or. occupation, thus violating the

--. Due Process Clauses of the Constitution of Louisiana ——

- ‘(Art, I, Section 2) and of the Four renth Amendment —

to the Constitution of the United States.

(2). As applied to appellant and other solicitors sim- ~

‘ jlarly situated, it imposes an undue and discriminatory.

‘burden upon interstate commerce, 9nd, in effect, is taa- _”

* ite 3 ° :

” i ‘ ‘ y “ d < s a . Se

Pitter " ~ : is Sr 7 ’ ee : Poe : ie ena aot ye ee nen

oO ~ x “+ i_© w: , x y ¢ Sa¥ ine: ‘) * :

: oe

. \ azine subscriptions. We affirmed the judgment and con-

.-.. [fol. 30] We are therefore irresistibly drawn to the con-.

_.. paign being waged so grimly to have these ‘‘Green River”. _

: . < x pe ies ;

' 5 4 B : . ; rt wi,

* f N ” $ ayn

: “ fe ~ carats tee aN

4 > * : Sia ok , as 3s

i Bry. : tie ae

‘ .

“ 8

- {fol. 29] tamount.to a prohibition. of anes commerce, in §

violation of Section 8, Art. I, Clause 3 of the Consti-

_ tution of the United States. nee a |

(3) As applied to appellant and other solicitors sim- &

_ iarly situated, it violates Art. I, Section 3 of the Con.

_ stitution of the State of Louisiana and Amendment]

-, and Amendment XIV, Section 1 of the Constitution of §

. the United States, in that it abridges the freedom of —

speech or of the préss because it: places an arbitrary, —

_ unreasonable and undue burden upon a well established

+ method of distribution and circulation of lawful mag-

- azines and periodicals, and, in effect, is tantamotnt to &

a prohibition of the utilization of such method. = ss J

~ The'identical ordinance ‘vas before this Court in the case

of City of Alexandria v. Jones, decided February 13, 1950 _

reported in 45 So. (2d) 79, ——La.—. There the defend- —

ant was engaged in soliciting orders for photographs, while

-here the defendant is engaged in soliciting orders for mag-

viction in the Jones:case, and we see no reason to do other. - :

wise in the preseut case, for the reasons hereinafter set

SOR ee i

‘This same appellant, Breard, attacked (unsuccessfully)

'. the constitutionality of a similar ordinance of the City’ of - |

' Alexandria in the case of Breard v..City of Alexandria, 9 — &

F. Supp. 722 (U..8. D. C,.W.-D., La., 1947.) The earlier

ordinance merely prohibited uninvited solicitation and de —B

clured it to be unlawful; the present ordinance declares it to

be a nuisance and publishable as a misdemeanor. For all

_ practical purposes, however, the two ordinances. are

_- A similar ordinance of the City of Shreveport was held. -

. constitutional and valid Ey this Court in City af Shreve. &

port v. Cunningham, 190 La. 481, 182 So. 649 (1938). . | |

~ elusion that the present suit is but another phase of the cam-_

ordinances invalidated and declared repugnant to ‘the

United States Constitution. Since appellant’s field em-

braces solicitation of orders for printed matters (maga-_

zines) which are actually distributed by the United. States

mail, he-has raised the additional question of the freedom |

of the press." But the real issue remains the same—the

eee Se

power of the local governing authority fo regulate the con- ~

uct of businesses of a local nature, in the intwrest of the,

public good, under the general delegation of police power oS

trom the State; the reasonableness of the regulation; and

itis capable of impartial administration without ~~

regard to the discretion or judgment of the administering =~

_. The ordinance in question reads as follows cre

An Ordinance Regulating Solicitors, ‘Peddlers,

- Hawkers, Itinerant Merchants or transient Vendors of" -

_ Merchandise in the City of Alexandria, Louisigna: De-

daring it to be a Nuisance for those Engaging in such

_ Pursuits to go in or upon Private Residences Without

‘Having Been Requested: or invited to do so: Providing ©

Penalties for the. Violation’ Hereof; Repealing all ~

Section 1. Beit Ordained by the Couneil of the City

‘of Alexandria, Louisiana, in legal session convened”

“that the practice of going in and upon private esi-

dences in the City of Alexandria, Louisiana b gol:

tors, peddlers, hawkers, ~{tinetant — matics oh une

transient vendors of merchar dise not having, been re-< —

"quested or invited 60 to do by the owner or owners, —

> ‘eéenpant or occupants of said private residences for —

the’ purpose of soliciting o: rs for the sale of goods,

wares and merchandise afd/or disposing of and/or)

_ ‘peddling or hawking. the same is declared to be a nuis-

“ anee and punishable as such nnisanee as a. misde-)

{fol 31} “Section 2. Be it Further Ordained, al

. > thet any person violating the provisions of this ordi;

- nange shall upon conviction thereof be fined not more

sy .

than $100.00 or imprisoned ndt more than 30 days. _ |

“vor both ined and imprisoned in the ‘discretion of the -

oe Couric | ges OSPR SE cet Og

Section 3. Be it Further Ordained, Ete., that the -

provisions of this ordinance shall not apply to the sale,

op soliciting of orders for the sale, of milk, dairy ;

“products, vegetables, poultry, eggs and other farm and —~

~~ garden produce so far as the sale' of the commodities. *

named herein is now authorized by law. | x

Pan)

“Section 4. Be it Further Ordained, Etc., that. it i

_ being deemed by the Council of the City of Alexandria,

_. Louisiana, that an emergency exists, this ordinance _

shall go into effect immediately upon its passage. .

“Section 5. Bé itFurther Ordained, Ete., that all

ordinances or parts of ordinances in conflict herewith 4

| are hereby repealed.” POR:

‘That thé state and its subdivisions have such au

‘within certain constitutional ‘limitations is a well-settled

principle of constitutional law and needs no further com:

__Anent.” ‘In the exercise of its police power and in the inter-

_~ estand for the protection of the public, a state may, with-_

. out denial of the equal protection of the laws, reasonably

‘regulate a business affected with a public interest, or a use-

__ ful trade, oecipation, or profession which may prove injuri-

_ ous to the public. * * * Furthermore, within proper limi-

_ tations, the legislature may, without denial of equal pro-—

_., tection of, the laws, classify businesses and occupations for

+ “purposes of regulation, provide different rules for differ-

ent classes, limit a r¢gulation to a particuiar-kind of busi-

_ [fol. 32} ness, extend to some persons privileges denied to

others, or impose restrictions on some but not on others; —

where the classification or discrimination ig based on real _

_ . differences in the subject matter and is reasonable, and the’

legislation affects alike all persons pursuing te same busi

_ness under the same conditions, * * * . y

maté business, while denying such right to others, is uncon-

_ stitutional unless it is based on some principle which may

reasonably: promote the public health, safety, or welfare.’”.

. Corpus Juris Secundum, verbo ‘‘Constitutional Law’’, Sec.

tion 510, pp. 1012 ff. -

Ordinance No. 500 of the City of Alexandria is by its _

nature a protective measure, conceived and designed to give.

_ the occupants of the home (particularly the housewife her-

hority

3 | LClassifica-,

. tion or discrimination. must not be arbitrary or unreason-

able; and: the legislation must. not be discriminatery-in-the—

_. sense of applying unequally to persons pursuing or engaged. _

“in the same calling, profession, or business under the same

." or like conditions and circumstances. The objéct of legisla- |

_, tion regulating a business must be the public good and not

benefit to individuals or classes; and a statute allowing-one

lass of persons to engage in what is presumptively a legiti-

pelt) and their property additional security against the de- :

predations of the lawless, who often under the guise of

soliciting or peddlitig gain entrance for the purpose of (a)

planning a future crime or (b) perpetrating. a crime im-

mediately. We are mst willing to admit that the solicitors

for Keystone Readers Service, Inc., of whom Breard is one,

that there are many types of solicitors who are not as care-

fully selected, nor as reliable, and whose merchandise does | |

not bear the same stamp of. ‘general approval as thiat fur-—

[fol. 33] nished by Breard’s employer. The protecting pur-

‘pose of the ordinance is proven by the fact that itis not -

- directed against all soliciting, ete., but only against solicit- —_-

ing in, residences without invitation. — Solicitors, peddlers | s

hawkers, itinerant merchants and transient vendors can still.

ply their trade in the commercial-districts without restric-

tion. ae

. The ordinance provides for a blanket prohibition of :

_ solicitation without invitation, save for food vendors, who

“are specifically. exempt.. There is no opportunity for ‘any

- public official either to grant or to arbitra ily withhold per- © ~

mission to solicit, nor any opportunity for the abuse ofad- .-

ministrative diseretion. The ordinance} (a). defines. the

_ offense, (b) provides for punishment therefor, (¢) exempts - -

from its seope purveyors of food as a special category \t

vendors, (d) provides for immediate passage, and (¢) pro

impersonal in its ope

tinction between resident solicitors and) non-resident 80-

ration as to all alike.|. It makes no dis-”

“are of the highest character. That does not alter the fact

i ret Fy

v ¥.

Veins Bae: .

b 8 at ad

:@ i, yi

: ¥ 4

np ie

Cis

‘ ce) ¢*

Pa a

s +

5 ae

@ Erne.

Ore ae $3

arg

rv;

a ;

a municipality performing an ordinary f

ment, the protection of the home. 4) / 0 poi

Proceeding from what wi consider to\be the real iss:

of the case tothe epcetal ountentions ade’ by the defenfl- 0°

: -ant—the -violation of the Due Process provisions of ‘the

State and Federal constitutions, the i terference with inter-

state commerce, and the denial of the freedom of the pyess,

we shall limit diseussion’ to the last two only, the first being’

embraced within the conclusion reached as to the réason-

ableness and impartial administration of the statute;

_ {fol.34] The ordinance imposes no tax, no ‘license. It’

| 's & prohibition of an activity on Jocal territory, Mvolving

« the problematical sale of a commodity originat ng in.another

spe aye

fines” é ‘&

netion of govern? ,

= iy a ,

—_

‘,*

feel tite a eke wt SONS

ich; is Adin distributed we ie ‘Taitad

S Dh 2s: yee rk. A . A \ sf 2 VSB ets UNS |

& Fe Gee we ’ “\ et a ’ :

. * oy i WH iis C Oi ead fe (2 y

Pe ob : r Ne : ie % ;

1 eye foe ‘ <2 SS EAT . 3

wy IE .

iy . ie 4 : 4 %

( ba = re ;

> af %

. It imposes no burden on the distribution |

on the manufacture of the commodity, nor on any —

Spee that commodity. 7

B Rearauis We fail to see how this cons con titutes. a denial of

the freedom of the press. It imposes no previous censorship.

| * on publication of these magazines for which orders are

‘2. > solicited, nor does it interfefe with their distribution, since.

“the method of distributing magazines is either. direct to the

| *...).”. patrons via thé mails, or through newsstands. \No one has

are made the clair that Breard T\his co-solicitors a ually sell

| ge ine¥y copy by copy ance cena lpi t ine

deed would beja reductio Ab absutdum.

_ | A salient feature’. of/ this case), \ which ¢ seems. ge

escaped. pre

| vipus attention, is that, transcendent over a

rights wbich\ ppellgnt claims are infringed by this o

e ‘nance, i is a futdamental principle of the law—a man’s home .

is his castle. {No one has any ‘vested prerogative to invade —

- -another’s priyacy. Each‘ec»mmunity knows its own eS

- Jems best; and if local governments, being as they aré closest

| to the popula will, choose to-exercise the sovereign’s right

_ to protect a particular class of comparatively. defenceless.

+>) @itigens—hous ewives,: ‘we will not reise boone to. destroy that

| protection. |

pe ~ The litigat oi. here relates to, ‘the power’ of the muni- :

_.-_ . gipality to ehact the ordinance and the legality of the.

ee oe Ifol. 35] enactment. The appellant has contended that the

“ft /°.* “enaetment is illegal because it offends the commerce clause

i _/ and the freedom of the press: On the question of construc-

—t-/°. . - tionowe should likewise take into consideration other amend-

_ ments of Tinta of the United States so as not to

ee r

3 da a | ‘enlarge the gyant of power contended for by the opponents _ |

‘and not to dininish the right of enactment for protection — :

a : as contended for by the municipality.. The Fifth Amend-

-) + ment of the Constitution of the United States is to ade ie

| | : | the man against. the nation; the Fourteenth Amendment.

- to shield him in the’security of the home in\his person and

_ | property rights against the tyranny of the state; the Tenth

|, Amendment to prevent the Congress and the Executive De-

partment from exercising any power not delegated bythe —

Constitution, and all powers not so. specifically delegated :

are to » he exercised vale the State or the wii sia Its perro

, ‘ X% y % 7

. » y y ® e ‘ ’

elected by the people.'

to the sovereignty of the States, puts defer 2

man and {the security. of his person

Hamil

along:

_ athong: other things to keep these departments within the:

limits assigned to their authority.’’ These A endments, .

{fol. 36] \and particularly Amendment Ten of the Constitu- ;

tion of the United States, should not be ‘‘shorn of all their:

_-Vitality.”* \ are a ae una Onan mate ng

_- §o rapidly do the rights and powers of business grow by

what it feeds on that the State is being rapidly pushed out

of the Union\as a self-governing entity, and what is unbe-. ~

~Jievable—even to those who see it—is that the ‘unbalancing

of constitutional relations, this betrayal of the necessary

and just sovereignty of the State, has been conceived, pro- —

-moted without a clo

season by members of the Corgress

- to safeguard the safety of the home and to better insure a

domestic tranquillity throughout the nation is a purpase set

_ out in the: preamble of the Constitution of .the United —

_ States. It is true that the preamble is not one of the pro- —

visions of the Federal Constitution, an 64g ated tone That ~

the constitution emanated from the people he nek te

_ states and’ that \it was ordained to insure a nhore. perfect

. Ment. presupposes its existence in perpetuity,’ The denial

of the right to/enact-the ordinance by the municipality is:

- to lessen the effectiveness of the preamble of tlie constitu-

tion of the United States emanating from the people, the

source of all power. | at 3 sity Mihai

lected by Any appearance here of criticism as

_ distinguished from es rnest conviction would be an errorof

the mind-and not of the heart, The right of the sovereign

"importance, a matter of the ordinary functions of govern-—

ager ncieneaninen acai

. . Ease < 7 t oes os = 3 ‘ ¥. Z

“ < “2 BES q ~ nid ei ™

eee os

- _ . “- . ef r Ns .

Wetec 9 y; re: . . Lone oiee ee oF nae oe SS ° te. ie “puget ae oa set oe iF Sa Thy ae See

mes xy ere + ‘ Z a eae ek os SAV ~ a haved ras 4 eee < . Saye

j Meee oN Es 3 ee

a eae: a + : m1

- Hol. 37} eee Itis well aeauished ‘constitutional ee ‘hat |

~) “implied constitutional restrictions. are just as effective as

- those that are directly expressed.’”” Among those which _

“are implied though not , is ‘That the Nation may

_ not inthe Exercise of its Powers ent a State from Dis. .

spre the Ordinary Functions of Government.”” (Under. ~

Hepburn. vy. Griswold, 12 Wall. 534. Therefore, when this |

~ ordinance was passed, the City of Alexandria‘was perform- —

- ing an ordinary function of government, a right which the

ee nation will not deny. It is the actnal infringement on‘the

- provisiohs of the Federal. Constitution*that i- interdicted, —

"ot the exercise of the ordinary functions of government by

the municipality... 3

For. the reasons. Be the judgment and sentenee

3 "appealed f from & are. ee horedeom eae

ne [fol 38]- = Ts Surneae Cover oF Lovreuxs

_ (Title omitted} ae aye - :

Peron 1 FOR | Avra, To Surnne aiere s oR THE n Unerea

To. the 5» Honotable Jobn B: Pournet,

_ Supreme Court of Louisiana: |

- ile

at Jae : of a :

. Considering i self. ‘aggrieved. by) Re final dues ae)

judgment - -of the above Court entered on June. 30y 1950,

~ Jack H. Breard the defendant-appellant herein, dees here. :

a pray ‘that an appeal be aliowed to the Supreme Conri of ~

a United {tates from said final decree and judgment and ~

ae each and every. part thereof; that citation he issued ~

acco rdanee with law; that an order be- made with —

jon e appeal bend .to be. given by said defendant- x

gppellazit; that a supersedéas be granted pending the final:

Brose pedet this appeal, and that the amount of security

-be fixed by the order. allowing the appeal ; and that the ma-

‘terial parts of the record, proceedings and papers ppdn —

‘which said final judgment arid decree was based duly:au-

theniticated be ‘sent to- the st ici Court wales Wnited |

J ~

5A) oe 26 | pie SF .

39] States in accordance with the rules“in pee ene

ws 78 +a Ee sta ad ae : |

- ae |

"Murray Street, Alexandria 6, Louisiana. (S.)J- 0

Harry Wagner, Jr. 2238 Fidelity-Philadelphia

Bldg, Bhiladelphia 9, Penna. (S.) E. Russell

Shockley, 1719 Packard Building, Philadelphia 2,

Penna, Attorneys for Appellant. Pie Ape aes

"Gohmadey, Harrison, Segal & Lewis, 1719 Packard Build- 2S

ing, Philadelphia 2, Penna. of Counsel. = yf a.

t ya ee

my : es

ots ge ee

=e eee ess ile. omitted] == * aN

- AssiGNment or Errors AND PRAYER FOR Reversar ae

-. Jack H. Breard, who is the “defendant-appellant in the

above entitled cause, and wlio is engaged in house-to-house

‘solivitation of orders for nationally known ‘magazines which ~

are fulfilled by. shipment in “interstate commerce, hereby. .

- “files the following assignment of errors upon. which he will.

--yely.in his prosecution of his appeal to the Supreme Court.

of the United States from thy final judgment and decree of

- the Supreme Court of Lovisiana entered on June 30,1950:

' 1, The Supreme Court of Louisiana ‘erred in holding = ~~

and deciding that Penal Ordinance No. 500 of the City of See

_~Alexandfia, Louisiana, which prohibits the practice Or

. making gninvited visits to private residences by solicitors, —

= Xenon tel Contin Clause of the Fourteenth -

+, {tol 40}

- Amendment toy the Conatitution. of the United: States, be-

~ {fol. 41] cause the ordinance arbitrarily, unreasonably and. -

. unduly: burdens ‘and curtails and, in effect, denies the funda- ene.

~ mental right of appellant and others similarly situated to

"engage in a lawful p ivate business or occupation. =

2. The Supreme Court of Louisiana erred in holding and.

deciding that said Penal Ordinance No: 500; as- applied to

‘appellant and other solicitors similarly situated, does not .

. impose an undue and discriminatory burden upon interstate

commerce and, in-effect, is not tantamount to a prohibition °

Sp ee 2 ae

of stich commerce, in violation of Article L Section a, Clam 4

|. Sof the Constitution of the United. States.

3. The Supreme Court of Louisiana erred in holding aiid 4

ae deciding that. said Penal Ordinanec No..500, as applied to

3 appellant and other solicitors similarly situated, does not

violate Amendment I and Amendment XIV, Section 1, to the |

He Constitution of the United States, it. that it . abridges

_. arbitraryf{-unreasonable afd’ “undue burden upon-a well —

established inethod of: ‘distribution’and circulation of law- ~

_ ful magazines and periodicals, ‘and, in effect, is tantamount :

- of a prohibition of the utilization of such method. eee |

__ 4, Tks Supreme Court of Louisiana’ in sustaining 7

the constitutionality of Penal Ordinane ye to and in —

__,.. sustaining the conviction of appeliant for violating such ordi-

- nance; and in enterir its final judgment and decree of

{fol. 42] June 30, 1950, with the above force. and to the.

x -” above effect.

_- Wherefore, Ta ack. H. Beard, the tetas cocenes -

the- above cause, prays that the final judgment and decree

| entered by the Supreme Court of Lonisiana on June 30,

1950, in the above entitled cause be. reversed, and for such —

i other relief as.the court may deem fitand proper, :

(S.) TC. McLure, Jr., 606 Murray Street, Alexan-

dria 6, Louisiana. .. 4S.) J. Harry Wagner, Jr...

2238 Fidelity-Philadelphia Trust Building, Phila-

‘delphia 9, Pa. {S8.) E. Russell Shockley, 1719 .

Packard. Building, Philadelphia 2, Pa., Attorneys |

- for: Appellant.

! ‘Sehnader, Harrison, Segal & Lewis, 1719 Packard Build-

; ing, bis iar sted 2, Pa., of Counsel, .

| [fols. 43.79) Ix Surneme Court or Acomass 3

[Title omitted]

= -

2 Onnua AuLowie APPEAL TO THE Suranus Couns o¥ THE

. Unrrep Srares—September 25, 1950

‘Jack H. Breard, the defendant- appellant in the sieve mat-

ter having made and filed his petition praying for an appeal

to. the secs ahi Court of the United States from the final

Se |

So # 5

Fae, eae 8 ee Re Re JB aie aoa 8

fndgitent and-décree of this court in this cause entered’

“on June 30, 1950, and from each and every part thereof, —

and having presented his assignment of errors and prayer —

for reversal and his statement as to the jurisdiction of the

Supreme Court of the United States on appeal pursuant to |

* 3 woe :

ee S : ; Bete | . : =

O5y Se . , " 2 a t ‘ z ‘ Sonny

se eee at s , é

% . ein y \ 4 . : ¥ ; ~/

yes Oa ~ ’ Hee t ‘ : y of . .

Bee 2 See ay § - . , $ \ ¢ ; j & Pe 27 ; ne

bee ee, 3 2 ; vee : ‘ k

the statutes and rules of the Supreme Court of the United ~ oy

States in such cases tnade and provided, . Pra ee

. “Now, Therefore, it Is Hersby Ordered that said appeal —

is hereby~allowed #8 prayed for; and that the Clerk of the

Supreme Court of Louisiana shall prepare and. certify a

~ transcript of-the record and proceedings in the above cause

~ ffol. 80] and transmit the same to the Supreme Court of the

United States within forty days from the date of this order.

"It Ts Further Ordered that the amount of the appeal bond

be and the same is hereby fixed in the sum of $500; that 7

the amount of. :

the supersedeas bond be and thé same is —

hereby fixed in the sum of $500; that each such bond shall -

lave good and sufficient surety ‘and shall be conditioned as - eae

may be required by law; and that. the judgment entered in

"this cause be suspended and stayed until the termination of

_ “The appellant now presenting an appeal bond anda super- —

Maryland Casualty Company, of Baltimore, Md. as surety, on

it Is Ordered that such bonds

approved... | uy

be and the same are hereby ,

~~ ith Further Ordered that citation shall issue in accord-

+ (§,) John B; Fournet, Chief Justice of the Supreme —

{fols. 81-84] Citation in usmal form omitted in printing.

NT) ae

- [fol. 8] Is = Surmante Courr or Louisa.

e eee » (Title omitted]

: Smrvanio As TO 0 Traxsontrr oF Roms —September m

: os 1950 -

~The periien. to the above-entitied canse by their sions “a

hereby stipulate. that the following portions, of the record

shall be included in the transcript 1 ransmifted to the ba |

preme Court ofthe United States: -

fe Al papers, filed and iofiloial coud: of conde :

| aa) in the City Court of Alexandria: Ward, Rapides -§

Parish, Louisiana, including. the city charge sheet, mo §

tion fo quash, minutes, stipulation of facts and bs est

attached thereto, but excluding the appeal. bond. - -

_ 2. AH papers filed and official record of p a

had in the Supreme Court of Louisiana in. \ euaotha 7

with appellant’s appeal to that court, including docket —

ee entries, appellant’s Specification of Errors (see appel--

lant’s printed brief, page 7), opinion and [final] * iudg-

ment and decree of the Supreme Courtof Louisiana. —

3. Ali papers filed and official record of. proceedings |

_ had in the Supreme Court of Louisiana in connection —

_ with the appellant’s appeal to the Supreme Court of a

_ the United States, including Petition for Appeal, Order

- Allowing: Appeal and Supersedeas, Citation on Appeal, 4

_ [fol. 86] Assignment of Errors, Statement as to Juris:

diction, Service of Appeal Papers, Citation and State.

ment of Rule 12(3) of the Rules of the Supreme Court ]

of the United States, Acknowledgment and Ace ep &§

tanee of Service of Appeal Papers, Citation and —

Statement of Rule 12(3}, and this stipulation, on bad :

eluding appeal “nd supersedeas bonds. =

(8) ‘T. C. MeLure, Jr, 606 Murray gice ne a

midria 6, Louisiana; (S.) J. Harry Wagner, ot,

2238 Fidel:ty-Philadelphia Bidg., Philadelphia ae i

Pennsylvania; {S-:} &. Russell Shockley, 17:

Packard Building, Philadelphia 2; Pannsyivanli,

Attorneys for Appellant. Frank Peterman, City

Attorney of City = Alexandria, Bieta wre :

* [Struck-oot in copy.] = «

é f

ce ;

“Dated feptebes 26, 1950,

The Attorney for the City of Alexandria, Appellee, :

agrees, that the documents and records referred to in the

above stipulation shall be included in the tr nscript trans-

mitted to the Supreme Court of the United States but

- desires that daid tran transcript also contain the ‘motion to dis. — .

; ‘miss filed by the appellee.

cf) Frank H. Peterman, City Attorney of City at

ee ee ‘ | |

| (fol 87 1 Clerk ’s Certificate to foreoing tamsript omitted.

mB rinting. Pe es Be ee

Re eae eB : Sie ae : “es Pa baie

y rad a » ae. My eigid ; moe

“3

; ‘tot 66-891 In THE Surneme Counr oF THE ‘Users Scares fe

Ses \ (tle omitted!

i i

: SE oF Pou . TO BE Revie. Teun. AND Dineninaew

oF Parts | or REcoRD TO BE Pruntep—Filed November 13, 1950 - os

” Jack H. Breard,. the appellant, in. accordance with Rule.

: 13 (9) of this She Rereby. makes the fohewne etetement t ee |

bad designation:

A Anpellant souls for te siatenent of eluk upon

whieh he intends to rely in his appeal-to this Court, the

points contained i in. his Assigomente of Error filed hereto- - :

5 fore in this cause. :

mee ‘Appellant Secpnatin the entire recard. as j filed i in the

| above cause, for printing by the Clerk of this Court.except-

SE sn the Appeal Bond filed i in the City Court of Alex: ~

Melphia, 2, Pa. Attorney for Appellant, oe

“om [File endorsement omitted ]. | :

‘ > ae 1a egos aaa! ~ s " ve Seto A m) . Beret oy

Nae as : - ; t! : ope

~ im : : ; aN Oy . 4. :

antes Gee ie age ce - mS TREY < . x - z

. eke eS & ? 5

y : ae ae ‘

M x ; 0 < x «

= ‘Busse. Sllockley, 1719 Packard Bailding, Phila- 8

oe . noted.

rene

[fol. 90] ‘Surname oun OF THE Unrrep Stars, Der

- Term, 1950 ae

a No. 399

Open Wenn Packie J ousbrorrox—December i, :

‘The statement of jurisdiction i in this case. haying + -

mitted and eonseired oy the Bors penal ora "

Hndoreed on Cover: File No 54,905. ini Supre

‘Gaur Term No. 399. Jack H. Breard, Appellant. vs. C

= Alexandria. | ied November 2, 1000, Reece No. 399 me

50. -

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.