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Thomas v. City of Atlanta

Thomas v. City of Atlanta, 1 S.E.2d 598 (Ga. Ct. App. 1939)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
February 28, 1939
Docket
No. 27305
Judges
Guerry, MacIntyre
Citations
1 S.E.2d 59859 Ga. App. 5201939 Ga. App. LEXIS 343

Opinion of the Court — Guerry

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Guerry, J.

The defendant was convicted of violating an order of the City of Atlanta which provided that “any person whose duty it shall be to register their business and who shall fail and refuse to do so” shall be fined. A further ordinance provided that peddlers should pay a license of $60. The defendant was arrested while walking along the street with a phonograph and “some of Jehovah’s witnesses’ books in his hands. He said he got twenty-five cents apiece for the books. He had no license, but was a preacher, and sold one book to Wallace Rhodes for twenty-five cents.” He used the victrola to play record-sermons or talks, and preached and sold or distributed tracts or books dealing with his religious faith. He had not registered nor paid a license.

We do not think it is the duty of an ordained minister of the Gospel to register his business with the city. Neither is it peddling for such minister to go into homes and play a victrola, or to preach therein, or to sell or distribute literature dealing with his faith, if the owner of such home does not object. The preaching and teaching of a minister of a religious sect is not such a business as may be required to register and obtain and pay for a license so to do. Neither is a sale by such minister of tracts or books connected with his faith a violation of a statute against peddling. Under the evidence in this case the sale of the book was collateral to the main object of the defendant, which was to preach and teach his religion. See, in this connection, Lovell v. Griffin, 303 U. S. 444 (58 Sup. Ct. 666, 82 L. ed. 949). We are not meaning to hold by this decision that a business of selling or peddling books may not be subject to registration and a license tax. We hold that under the facts of this case it was error to adjudge this defendant guilty.

*521 Judgment reversed.

Broyles, 0. J., concurs. MacIntyre, J., concurs specially.

Concurrence — MacIntyre

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MacIntyre, J.

I concur in the result, but not in all that is said in the opinion. A preacher or teacher of a religious sect, under some circumstances, may so sell books and literature dealing with his religious faith as to become a peddler.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 16 cases

View all citing references →
1939: 11941: 21942: 11943: 31944: 21953: 11959: 11961: 11967: 11974: 21976: 119392026peak 1943 · 3

Relies on it most ⓘ

  1. Jones v. Opelika316 U.S. 584 (1942)
  2. Prince v. Massachusetts321 U.S. 158 (1944)
  3. Vlass v. McCrary5 S.E.2d 63 (Ga. Ct. App. 1939)
  4. State v. Meredith15 S.E.2d 678 (S.C. 1941)
  5. Long v. City of Anaheim255 Cal. App. 2d 191 (1967)
  6. Donley v. City of Colorado Springs40 F. Supp. 15 (D. Colo. 1941)

Most recent

  1. Tate v. Akers409 F. Supp. 978 (D. Wyo. 1976)
  2. WATCHTOWER BIBLE SOC. v. Lewisohn315 N.E.2d 801 (N.Y. 1974)
  3. Watchtower Bible & Tract Society of New York, Inc. v. Lewisohn315 N.E.2d 801 (N.Y. 1974)
  4. Long v. City of Anaheim255 Cal. App. 2d 191 (1967)
  5. Wolfe v. City of Albany121 S.E.2d 331 (Ga. Ct. App. 1961)
  6. City of Darlington v. Thompson106 S.E.2d 918 (S.C. 1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Lovell v. City of Griffin, 303 U.S. 444 (1938) 964

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