For the prosecutors, Jacob S. Karkus.
For the respondents, Abram H. Cornish (Ervin S. Fulop, of counsel).
Before Justices Heher and Perskie.
The opinion of the court was delivered by
PERSKIE, J. The prosecutor in each of the aforesaid cases, was convicted of having violated section (1) of an ordinance, of the township of Maplewood, regulating canvassing. Each conviction was reviewed and affirmed by Mr. Justice Parker. Pamph. L. 1908, ch. 228, p. 442.
The writ of certiorari in each case seeks to review the aforesaid conviction and affirmance. The cases being practically identical, on the argument were consolidated and treated as if they were here as one case; we shall therefore dispose of them accordingly. Mayor, &c., of Bergenfield v. Peterson, 7 N.J. Mis. R. 1019, 1020.
The pertinent provisions of the ordinance in question are substantially as follows: (Section 1)
"No person, except as in this ordinance provided, shall canvass, solicit, distribute circulars or other matter, nor call from house to house in the township of Maplewood without first having reported to and received a written permit from the chief of police or the officer in charge at police head-quarters."
Section 2 gives power to the granting officer to issue the permit; and provides that the permit shall specify the effective hours and days of said permit; gives the granting officer discretion to refuse a permit if upon investigation it is disclosed that the canvasser is not of good moral character, or that he is canvassing for a project not free from fraud; it also permits the revocation of a permit for the failure or refusal of the permittee to observe the rule and regulations set out in the ordinance. Section 3 provides that before the permit is issued the canvasser "shall make an application to canvass, giving his or her full name and address, age, height, weight, place of birth, whether married or single, length and place of residence, whether or not previously arrested
or convicted of crime, by whom employed, address of employer, clothing worn and a description of the project for which he or she is canvassing. Each applicant shall be fingerprinted and photographed before a permit shall issue." Section 4 sets out the rules and regulations. Section 5 provides that it shall not affect "any person engaged in the delivery of goods, wares or merchandise, or other article or thing in the regular course of business to the premises of persons ordering or entitled to receive same." Section 6 provides for the penalty.
The charge in each case was that on the day and place within the township, as alleged in the complaint, prosecutor did canvass, distribute circulars or other matter by calling from door to door without having first ...