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TOYOTA V. HAWAII, 226 U. S. 184 (1912)

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U.S. Supreme Court

Toyota v. Hawaii, 226 U.S. 184 (1912)

Toyota v. Hawaii

No. 49

Submitted November 13, 1912

Decided December 2, 1912

226 U.S. 184


Section 1343, Revised Laws of Hawaii, imposing a license fee of six hundred dollars for auctioneers in the District of Honolulu and fifteen dollars for each other taxation district, is not unconstitutional chanroblesvirtualawlibrary

Page 226 U. S. 185

as depriving an auctioneer in Honolulu of his property without due process of law or as denying him the equal protection of the laws.

On writ of error to a territorial court, only such questions are before this Court as can be raised upon writ of error to a state court.

What amounts to selling at auction, within the meaning of a license statute, is for the state or territorial court to determine, and presents no federal question reviewable by this Court.

It is the province of the legislature to determine upon the amount of license fees, and unless the classification is arbitrary and unreasonable it may establish different amounts for different districts.

This Court will assume that the legislature of a state or territory takes into consideration the varying conditions in respective localities in which the same business is to be conducted, and unless palpably arbitrary the classification will not be disturbed.

In view of the fact that the great bulk of the business of Hawaii is done at Honolulu, this Court will not declare that a license fee of six hundred dollars for auctioneers in that district is an arbitrary and unreasonable classification as against fifteen dollars for auctioneer's license in other districts of Hawaii.

19 Haw. 651 affirmed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 226 U. S. 190

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