State v. Schlier 8 Heisk. 455, 55 Tenn. 455

The State v. T. M. Schlier.

1. Constitutional Law. Judiáal Construction. Privilege.

The judicial construction of the word “ privilege,” established before the Constitution of 1870, is adopted by that Constitution.

2. Privilege Tan. Valid, though unequal.

The act of 1870, c. 71, s. 1, taxing photographers as exercising a privilege, is constitutional. The fact that the privilege is discriminated according to the size of the town where the establishment is situate, does not affect the constitutionality of the law.

3. Privilege. Defined.

The exercise of an occupation or business which requires a license from some proper authority, designated by a general law, and not open to all or any one without such license, is a privilege within the meaning of the Constitution.

Cases approved: French v.' Baker, 4 Sneed, 193; Mobimon v. Henegar, 5 Sneed, 258.

Constitution construed: Art. 11, s. 8; Art. 2, s. 28.

Statute cited: 1870, c. 71.