Ex parte Haskell’s Empirical Analysis
1896
Citation profile
81 state decisions
How this case has been cited
Cited by 84 later decisions (1 by the Supreme Court) — most recently September 2003 · most notably City of Los Angeles v. Los Angeles Gas & Electric Corp. (1919), 36 Cal. 2d 136 - Fox Bakersfield Theatre Corp. v. City of Bakersfield (1950)
81 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Machine Company v. Gage · Ex Parte Frank · Ex parte Christensen · City of Tarkio v. Cook · City of St. Louis v. Sternberg
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Nor is the provision in question unlawfully discriminating. It may be conceded that, if it could be said to discriminate in favor of residents of the city of Chico by requiring such license only from nonresidents engaged in the line of business pursued by Haskell, it would be bad; or if it discriminated against residents of the state, or against merchandise from without, or not the product of, the state, that it would be void, as being in effect a regulation of interstate commerce—something entirely within the power of Congress. But it does neither of these. . . . The provision here involved is general in terms, and applies alike to all residents and nonresidents equally who do not maintain ‘regular places of business’ in the city, ... It in no way discriminates, as to the class against which it is directed, between those living within the city and those without, but is broad enough to include all of such class wherever residing. It does put into a class by themselves those who prosecute their business by the method therein specified, and discriminates in the amount of license as between such class and merchants having their business located in the municipality, and also as between such class and persons ‘selling to the trade’, as it is expressed, such as regular drummers and traveling salesmen for commercial houses, who go from place to place soliciting orders from merchants and traders. But such discrimination is lawful, and has been uniformly upheld upon the principle tha”
1 later decision quote this exact passagee.g. In Re Hartmann““Every intendment is to be indulged in favor of its validity, and all doubts resolved in a way to uphold the lawmaking power; and a contrary conclusion will never be reached upon light consideration. It is the province and right of the municipality to regulate its local affairs—within the law, of course—and it is the duty of the courts to uphold such regulations, except it manifestly appear that the ordinance or by-law transcends the power of the municipality, and contravenes rights secured to the citizen by the constitution, or laws made in pursuance thereof.””
1 later decision quote this exact passagee.g. In re Lyons
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.