Case Summary

Fred S. Walton submitted an application for a writ of habeas corpus against City Marshal John G. Boyle on September 7, 1901, stating that he was arrested, charged, fined, and detained under a North Yakima licensing ordinance for peddling "Quaker medicine" without paying a licensing fee. Walton's petition argued that the ordinance was unconstitutional for two reasons. First, it contained an unreasonable licensing fee that infringed upon his right to engage in business on equal terms with residents of Yakima (the right for people to have "like privileges, rights and immunities in every other state"), which likely referred to the Comity Clause of the Constitution and possibly referred to the 14th Amendment. Second, it violated the right of commerce and the right of citizens of different states to engage in commerce, which was likely referring to the Commerce Clause. Judge Cornelius H. Hanford commanded that Boyle show cause for Walton's detention to the Court; Boyle returned the writ and stated that Walton had violated the peddling statute and was convicted through proper legal processes. Boyle also responded that he had already released Walton on September 7, six hours before he received the writ of habeas corpus. He denied Walton's constitutional challenges and charged that Walton had sufficient money to pay for a license and that he had burdened police by hosting open air concerts as a marketing strategy. Supplemental research reveals that this case was a test case organized by Quakers to test the constitutionality of the peddling ordinance.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Peddling without a license

Sites of significance

• North Yakima City Jail (North Yakima, Washington)

Outcome

Unknown

Fate of bound party

Not in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 957

Source material(s)

Case File

Length of case file

Between 41 and 50 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

North Yakima Ordinance No. 298, September 4, 1900 (Amends Sections 1 and 10 of North Yakima Ordinance No. 265, which regulated licenses and was approved April 5, 1898)

Tag(s)

• 14th amendment

People

• Walton, Fred S. (petitioner)
• Walton, Fred S. (bound party)
• Boyle, John G. (respondent)
• Boyle, John G. (responding party)
• Boyle, John G. (holding party)
• Taggard, J. A. (authority ordering detention)
• Hanford, Cornelius Holgate (judge)
• Snively, H. J. (petitioner attorney)
• Whitson, Edward (respondent attorney)
• Snyder, Vestal (respondent attorney)

• Additional parties

  Lince, W. I. (Police Judge of North Yakima)

  Corutt, J. S. (Notary Public)

  Hopkins, P. M. (Deputy Clerk)

  Ayres, A. Reeves (Clerk)

  Dilley, A. L. (Deputy Marshal)

  Ida, C. W. (U.S. Marshal)

  Moore, A. N. (Deputy Clerk)

  Fechter, O. A. (Mayor of Yakima)

  Hough, George S. (Mayor Pro Tem)

  Doust, H. B. (City Clerk)

  Fechter, O. A. (Mayor)