Joseph P. Bradley

“ The Tennessee law in that case declared that 'all drummers, and all persons not having a regular licensed house of business in the taxing district, offering for sale or selling goods or merchandise therein by sample, shall be required to pay to the county trustee the sum of $10 per week, or $25 per month, for such privilege;' and it was made a misdemeanor, punishable by fine, to exercise such occupation without having first paid the tax, or obtained the license required therefor. ”

“ Shelby Taxing Dist. is contrary to sound principles of constitutional construction, and in conflict with well-adjudicated cases formerly decided by this court, and not overruled. Even if it were true that the decision referred to was not in harmony, with some of the previous decisions, we had supposed that a later decision in conflict with prior ones had the effect to overrule them, whether mentioned and commented on or not. ”

“ While engaged in the act of drumming for said Charles G. Schulze, and for the claimed offense of not having taken out the required license for so doing said business, the defendant, William G. Asher, was arrested by one George Ellis, sheriff of said county of Harris, state of Texas, and carried before the Honorable JAMES A. BREEDING, a justice of the peace of precinct No. 1 of said county of Harris, state of Texas, and fined for the offense of pursuing the occupation of drummer without a license. ”