II. From public; of right to do business. c. Amount; reasonableness. business, when they require a special de- § 98. — jitney busses. posit of $1,000, the payment of a state li- Discrimination as to, see CONSTITUTIONAL cense fee of $200 for three months, and of from $100 to $350 for a local license. State v. Foster, 50 L.R.A. 339, 22 R. I. 163, 46 Atl. 833. LAW, § 339. a. The provision of a municipal ordinance requiring those operating jitneys and other motor vehicles to pay, in addition to a license fee of $25 to $35, a license of $300 to $400 before being permitted to solicit or receive passengers on the paved portions of certain designated streets, is a valid exercise of municipal control, although pracDestically prohibitive as to such places. ser v. Wichita, L.R.A.1916D, 246, 96 Kan. 820, 153 Pac. 1194. d. Revocation; forfeiture. Certiorari to review, see CERTIORARI, § 25 e. tioning for revocation of license, see a. It is not unreasonable to require a li§ 99. Generally. cense fee of $25 per annum from junk dealers and second hand dealers, or $50 from pawnbrokers. Grand Rapids v. Braudy, 32 L.R.A. 116, 105 Mich. 670, 64 N. W. 29. § 95. Telephones. Discrimination as to, see CONSTITUTIONAL LAW, § 390. a. A license tax of $100 for revenue, ex- § 96. Trading stamps. a. An ordinance requiring a license of $100 for the use of trading stamps by merchants, and imposing for its violation a fine of not less than $50 or more than $100, or imprisonment not exceeding thirty days, or both, is not void on the ground that it is oppressive. Fleetwood v. Read, 47 L.R.A. 205, 21 Wash. 547, 58 Pac. 665. § 97. Vehicles. Discrimination as to, see CONSTITUTIONAL a. The fact that some revenue arises to a city from fees collected from licenses for the use of streets by vehicles, and that it is applied to the repair of the streets, does not render a license of $3 per year for a onehorse market wagon unreasonable. Tomlinson v. Indianapolis, 36 L.R.A. 413, 144 Ind. 142, 43 N. E. 9. b. A tax of 2 cents per mile per thousand feet of lumber hauled over the public highways of the state for the purpose of keeping them in repair is reasonable. Dalton v. George C. Brown & Co. 42 L.R.A. (N.S.) 506, 159 N. C. 75, 75 S. E. 40. c. A license fee of $50 per year for the use of a wagon upon a city's streets is unreasonable and void as a regulation. Waters-Pierce Oil Co. v. Hot Springs, 16 L.R.A. (N.S.) 1035, 85 Ark. 509, 109 S. W. 293. Revocation of license as exercise of judicial power, see CONSTITUTIONAL LAW, § 62 i. Delegation of power as to, see CONSTITU- Vested right against, see CONSTITUTIONAL Due In TIONAL LAW, § 751 i. Remedy of one obtaining license from city to conduct unlawful business where license is revoked, see CONTRACTS, § 441 f. Revocation of license of foreign corporation to do business within the state, see CORPORATIONS, § 386. Review by courts of revocation, see COURTS, As cruel and unusual punishment, see Dentist's license, see DENTISTS, § 4. License to use well in city street, see HIGH- License to maintain gasolene pump in street, Injunction against, see INJUNCTION, §§ 137 Of foreign insurance company's license, see License to sell liquors, see INTOXICATING Effect of dismissal of appeal from order re voking license, see JUDGMENT, § 91 e. Right to jury in action for revocation, see JURY, § 14. Effect of laches on right to revoke, see LIMI- Statute of limitations as defense to revo- II. From public; of right to do business. d. Revocation; forfeiture. Right of holder of permit to sell milk, to ell v. Archambault, 1 L.R.A. (N.S.) 458, 189 mandamus to board of health revoking | Mass. 70, 75 N. E. 65. license, see MANDAMUS, § 58 a. Municipal liability for attempted revocation, see MUNICIPAL CORPORATIONS, § 188 a. Liability of city for repeal of franchise, see MUNICIPAL CORPORATIONS, § 273. Power of city to revoke license and declare business a nuisance, see NUISANCES, § 80 h. State as necessary part to proceeding to re- Sufficiency of complaint for, see PLEADING. $ 453. Of permission to lay railroad tracks in street, see RAILROADS, $ 23. Forfeiture of license of foreign corporation for removal of action against it, see REMOVAL OF CAUSES, § 3 b. Teacher's license, see SCHOOLS, § 37. Ambiguity in statute authorizing revocation, see STATUTES, § 26. Street railway privilege, see STREET RAILWAYS, $$ 17-19. See also WORDS AND PHRASES, 2055. a. A professional license is not revoked as a punishment but in the exercise of the state's discretion under its police power as to whether the person holding the license is properly qualified to continue in his profession. Klafter v. State Examiners of Architects, 46 L.R.A. (N.S.) 532, 259 Ill. 15, 102 N. E. 193. b. The statute authorizing the granting of a license may provide for its revocation in certain contingencies, and by accepting and acting under the license, the licensee consents to all conditions imposed thereby including provisions for its revocation. Stone v. Fritts, 15 L.R.A. (N.S.) 1147, 169 Ind. 361, 82 N. E. 792. c. Where a statute or ordinance authorizes the revocation of a license for causes enumerated, such license cannot be revoked upon any ground other than one of causes specified. Stone v. Fritts, 15 L.R.A. (N.S.) 1147, 169 Ind. 361, 82 N. E. 792. d. Power to revoke the license arbitrarily, reserved in an ordinance regulating licenses for pawnbrokers and junk dealers, is not so unreasonable that the courts can de (Annotated) g. The board of health of the department of health of the city of New York has power to revoke permits to sell milk, notwithstanding no ordinance has been adopted by the board authorizing such revocation. People ex rel. Lodes v. Health Dept. 13 L.R.A. (N.S.) 894, 189 N. Y. 187, 82 N. E. 187. h. Licensing a person to keep a private meat-market for several years does not compel the city to continue granting such a license, or to prohibit keeping a market within the district where it is situated. Newson v. Galveston, 7 L.R.A. 797, 76 Tex. 559, 13 S. W. 368. i. A commission does not act arbitrarily in revoking the license of a racing association which took its license with notice of a regulation prohibiting bookmaking at the track, because the regulation is deliberately disregarded. State Racing Commission v. Latonia Agri. Asso. 25 L.R.A. (N.S.) 905, 136 Ky. 173, 123 S. W. 681. j. Forfeiture of an auctioneer's license cannot be imposed as a penalty in the civil suit of an adjoining merchant for unfair dealings in the conduct of his business, nor business by signs or publications reflecting can the latter put the auctioneer out of upon the character of his business. Gilly v. Hirsh, 20 L.R.A. (N.S.) 972, 122 La. 966, 48 So. 422. k. If a charge against an architect, unlicense for gross incompetency or recklessder a statute permitting revocation of his ness in the construction of buildings, is not sufliciently specific to permit him to prethe board of examiners, upon his request, pare properly his defense, it is the duty of to require the charge to be made more specific. Klafter v. State Examiners of Architects, 46 L.R.A. (N.S.) 532, 259 Ill. 15, 102 N. E. 193. clare it void. Grand Rapids v. Braudy, § 101. Effect of expenditures under license. 32 L.R.A. 116, 105 Mich. 670, 64 N. W. 29. e. The city of Atlanta cannot arbitrarily ments under a license from a municipal cora. The expenditure of money on improve revoke a license which it has granted, per-poration to conduct a slaughterhouse withmitting a useful and per se lawful occupa in its corporate limits does not render the tion, such as the keeping of a restaurant or license irrevocable under the legislative aulunch counter. Peginis v. Atlanta, 35 L.R.A. (N.S.) 716, 132 Ga. 302, 63 S. E. (Annotated) f. A license granted by the board of health, under statutory authority, for the erection of a stable without any limit as to time, cannot be revoked by such board in the absence of statutory authority, existing § 102. Generally. 857. thority of the municipality over such places when the public health demands it. Portland v. Cook, 9 L.R.A. (N.S.) 733, 48 Or. (Annotated) 550, 87 Pac. 772. e. Enforcement. regulations of the board, or some provision Abatement of action to enjoin collection, in the license itself for its revocation. Low see ABATEMENT AND REVIVAL, § 28 b. e. Enforcement. District of Columbia, 37 L.R.A.(N.S.) 440, 37 App. D. C. 563. II. From public; of right to do business. Ouster of corporation for failure to pay occupation fee, see CORPORATIONS, § 330 b. By means of fine and imprisonment, see Injunction against enforcing, see INJUNC- a. An occupation tax may be collected by ordinary suit, if so provided in the ordinance imposing it. Western U. Teleg. Co. v. Freemont, 26 L.R.A. 698, 39 Neb. 692, 58 N. W. 415, 43 Neb. 499, 61 N. W. 724. b. An excise tax on vehicles may be enforced by criminal prosecution. Mark v. c. The payment of license and occupation taxes may be enforced by fine and imprisonment. Salt Lake City v. Christensen Co. 17 L.R.A. (N.S.) 898, 34 Utah, 38, 95 Pac. 523. d. A city whose charter provides therefor may collect a license imposed by it on street cars by enforcing a penalty for failure to pay for the license. Denver City R. Co. v. Denver, 29 L.R.A. 608, 21 Colo. 350, 41 Pac. 826. § 103. Lien. a. A license tax upon a corporation and penalty for its nonpayment, may be made a lien upon its tangible property. Blackrock Copper Min. & Mill. Co. v. Tingey, 28 L.R.A. (N.S.) 255, 34 Utah, 369, 98 Pac. 180. On vessel for injury to bridge by collision, see ..... ADMIRALTY, § 4 d; APPEAL AND ERROR, 53 i; RECEIVERS, § ....APPEAL AND ERROR, § 286- . ASSIGNMENT FOR CREDITORS, § 43. ATTACHMENT, II. b. . ATTORNEYS, III. c, 4. BANKRUPTCY, § 34 b. BANKRUPTCY, § 70 a. . BANKRUPTCY, § 94. ... BANKRUPTCY, § 102 b. BANKRUPTCY, § 119. Of collecting bank, see On assets of insolvent bank, see Of state on canal, see Of carriers, see For demurrage charges, see On membership in chamber of commerce, see Of chattel mortgage, see Right of foreign corporation to, see Creation by state statute of lien for nonmaritime tort against foreign vessel, see BANKS, § 172. BANKS, §§ 199 m, 204 f. COMMERCE, $ 27 a. Impairing obligation of contract by statute as to, see CONSTITUTIONAL LAW, § 251. For wages, see .... Due process in statute as to, see Agreement by purchaser to pay outstanding lien notes of vendor, see By parol agreement, see Construction of contract as to, see Cancelation of lien on land given to secure payment of money under void contract at suit of person in pari delicto, see .... Conclusiveness on lien creditors of acceptance of performance of building contract by owner, On corporate stock, see Incidental power of corporation to acquire and enforce, see Of preferred stockholder, see Liability of grantor warranting title for costs of defending attempt to establish lien on property, see On irrigation canal, see Of creditor's bill, see... Right to payment of lien debts on real estate out of sum recoverable for negligent killing of person, see Against property conveyed in consideration of agreement for support, see CONSTITUTIONAL LAW, § 405 e. . CONSTITUTIONAL LAW, §§ 620, 652, 664 h. CONTRACTS, § 119 d. . CONTRACTS, § 134 j. . CONTRACTS, § 261. CONTRACTS, § 434 a. see CONTRACTS, § 477 e. ... CORPORATIONS, XIII. c, 2. CORPORATIONS, § 46 s. . CORPORATIONS, § 227. COVENANTS AND CONDITIONS, § 21 n. COVENANTS AND CONDITIONS, § 87 c. ... CREDITORS' BILL, § 10. ...DEATH, § 33 a. ...DEEDS, § 118 c, d. Of state's attorney upon fines collected by him, see .. DISTRICT AND PROSECUTING AT |