Summary

Portrait of David Josiah Brewer David Josiah Brewer Brennan v. Titusville — Opinion of the Court

It is as much a burden upon commerce to tax for the privilege of selling to a minister as it is for that of selling to a merchant. It is true, also, that the tax imposed is for selling in a particular manner, but a regulation as to the manner of sale, whether by sample or not, whether by exhibiting samples at a store or at a dwelling house, is surely a reglation of commerce.
Source: Wikisource

Portrait of David Josiah Brewer David Josiah Brewer Brennan v. Titusville — Opinion of the Court

Justice Bradley:
'Of course, the exaction of a license tax as a condition of doing any particular business is a tax on the occupation, and a tax on the occupation of doing a business is surely a tax on the business.'
It is clear, therefore, that this license tax is not a mere police regulation, simply inconveniencing one engaged in interstate commerce, and so only indirectly affecting the business, but is a direct charge and burden upon that business
Source: Wikisource

Portrait of David Josiah Brewer David Josiah Brewer Brennan v. Titusville — Opinion of the Court

A state may legitimately make a license for the privilege of doing a business one means of taxation, and that such was the purpose of this ordinance is obvious, not merely from the fact that in the title it is declared to be for 'general revenue purposes,' but also from the further fact that, so far as we are informed by any quotations from or references to any part of the ordinance, there is no provision for any supervision, control, or regulation of any business for which by the ordinance a license is required.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature