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STEINBERG-BAUM & COMPANY v. COUNTRYMAN

No. 48873.

77 N.W.2d 15 (1956)

STEINBERG-BAUM & COMPANY, Appellee, v. Dayton COUNTRYMAN, Attorney General of the State of Iowa; Leo Tapscott, County Attorney of Polk County, Iowa; William W. Gilkey, County Attorney of Delaware County, Iowa; E. Raymond Mick, County Attorney of Marlon County, Iowa; Peter B. Narey, County Attorney of Dickinson County, Iowa; Garold F. Heslinga, County Attorney of Mahaska County, Iowa; C. L. Johnston, County Attorney of Appanoose County, Iowa, and Everett G. Scott, County Attorney of Fayette County, Iowa, Appellants.

Supreme Court of Iowa.

May 9, 1956.

Attorney(s) appearing for the Case

Dayton Countryman, Atty. Gen., and Kent Emery, First Asst. Atty. Gen., for appellants.

No appearance for appellee.

GARFIELD, Justice.

This appeal involves the constitutionality of chapter 546A, Code 1954, chapter 239, Acts 55th General Assembly, 1953 I.C.A., requiring a license to sell new merchandise at public auction. The act, omitting parts not here important, provides:

"546A.1 License required. It shall be unlawful for any person, firm or corporation to sell, * * * at public auction * * * any new merchandise, unless such person...

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