of People v. Cairo, Vincennes and Chicago Railway Co. (ante, p. 327,) and has been determined adversely to the contention of the appellant. There was no error in overruling this objection.

Appellant also objected to certain taxes in the village of Ledford, but the objection is not insisted upon in this court. The judgment of the county court is erroneous in that it overruled the objections of the appellant to the additional road and bridge tax which was attempted to be levied under section 14 of the Road and Bridge law. In all other respects the judgment of the county court is right.

The judgment is reversed and the cause remanded, with directions to the county court to sustain the objections to that portion of the road and bridge tax in the towns of Raleigh, Harrisburg and Eldorado which was levied in excess of thirty-six cents on the $100 assessed valuation. In all other respects the judgment will be affirmed.

Reversed in part and remanded, with directions.

AUGUST C. GOODRICH, Appellant, vs. FRED A. BUSSE, Mayor, et al. Appellees.

Opinion filed December 21, 1910.

I. MUNICIPAL CORPORATIONS-ordinance may derive its validity from several sections or clauses of statute. An ordinance may derive its validity from several different grants of power, and its validity does not necessarily depend upon any single clause or section of the statute concerning the power of the municipality to legislate upon the subject.

2. SAME-Chicago ordinance prohibiting hawkers and peddlers from crying their wares is within the city's powers. Section 1450 of the municipal code of Chicago, which prohibits hawkers, peddlers and other persons from crying their wares or making or causing any noise to be made to advertise their wares or call attention thereto, may be sustained under the grant of power to cities to regulate traffic and sales upon the streets and alleys and to regulate, suppress and prohibit hawkers and peddlers.

3. SAME when ordinance is not void for unjust discrimination. Section 1450 of the municipal code of Chicago, which prohibits any person from crying his wares or otherwise making or causing a noise to be made to advertise such wares, "excepting in amusement grounds, parks, halls and other places duly licensed in accordance with the ordinances of the city," is not, by reason of such exception, void for unjust discrimination, as the classification so made rests upon a reasonable and natural basis.

4. SAME-Section 1450 of the municipal code of Chicago docs not deprive peddlers of property without due process of law. Section 1450 of the municipal code of Chicago, which prohibits persons from making or causing noises to be made to advertise or attract attention to their wares, does not deprive peddlers and hawkers of property without due process of law, since the ordinance is a mere regulation of a matter which might become a public nuisance.

APPEAL from the Circuit Court of Cook county; the Hon. CHARLES M. Walker, Judge, presiding.

DARROW, MASTERS & WILSON, for appellant.

EDWARD J. BRUNDAGE, Corporation Counsel, CLARENCE N. BOORD, and JOHN J. BEILMAN, for appellees.

Mr. JUSTICE HAND delivered the opinion of the court:

This was a bill in chancery filed by the appellant in the circuit court of Cook county, on behalf of himself and all other persons in the city of Chicago similarly situated, for an injunction to restrain the mayor and police department of the city of Chicago from enforcing in said city, against him and all other persons engaged in peddling fruits and vegetables in the city of Chicago, the provisions of section 1450 of the municipal code of said city, as amended on November 29, 1909, in force January 1, 1910, which reads as follows:

"That excepting in amusement grounds, parks, halls and other places duly licensed in accordance with the ordinances of the city, no person shall make, or cause, permit or allow to be made, any noise of any kind by crying, calling or

shouting, or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn or similar mechanical device, for the purpose of advertising any goods, wares or merchandise or of attracting the attention or inviting the patronage of any person to any business whatsoever."

The bill averred that appellant was engaged in peddling fruits and vegetables in the city of Chicago; that he owned and used in said business a horse and wagon; that he purchased fruits and vegetables upon Market street, in said city, from wholesale dealers, and that with his horse and wagon, loaded with fruits and vegetables, he drove through the streets and alleys of said city for the purpose of making sales of such fruits and vegetables; that in order to attract customers to his presence and the fruits and vegetables which he had for sale, it was necessary that he make a noise by calling or shouting; that eighteen hundred persons in the city of Chicago were engaged in peddling fruits and vegetables and that in said city there were six thousand peddlers; that numerous prosecutions and convictions had been had under said ordinance, and that appellant had been arrested and was being prosecuted by the city authorities in the municipal court of the city of Chicago for a violation of said section of said municipal code. A demurrer was interposed by the city to the bill and sustained and the bill was dismissed for want of equity, and the judge before whom the case was tried having certified that the constitutionality of said section 1450 of the municipal code was involved, and that in his opinion the public interest required that the constitutionality of said section of the municipal code be passed upon by the Supreme Court, an appeal has been prosecuted to this court.

It is contended that said section of the municipal code is void, first, for unreasonableness; and secondly, by reason of the fact that it is in conflict with the constitutions of the State of Illinois and of the United States.

Section 1 of article 5, chapter 24, Hurd's Statutes of 1909, in part provides that the city council is empowered. and authorized by ordinance: "Twentieth-To regulate traffic and sales upon the streets, sidewalks and public places. * *Forty-first-To license, tax, regulate, suppress and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatricals and other exhibitions, shows and amusements, and to revoke such license at pleasure."

*

It has been held by this court (Gundling v. City of Chicago, 176 Ill. 340, and Spiegler v. City of Chicago, 216 id. 114,) that an ordinance may derive its validity from several different grants of power, and that its validity does not necessarily depend upon any single clause or section of the statute concerning the power of the municipality to legislate upon the subject covered by the ordinance. We think, therefore, that the section of the municipal code now under consideration may be sustained under the grant of power to the municipalities of this State which authorizes them to pass ordinances for the regulation of traffic and sales upon the streets and alleys of such municipalities and to regulate, suppress and prohibit hawkers and peddlers within such municipalities.

The appellant contends that the ordinance is unconstitutional for the reason that it unjustly discriminates against the business of the appellant in this: that it permits a person whose business is confined to amusement grounds, parks, halls and other places duly licensed by the city, to advertise his wares by public outcry, while the appellant is prohibited from so advertising his fruits and vegetables upon the public streets and alleys of the city. We think this contention is without force, for the reason that the appellant is not prohibited from selling or advertising for sale his fruits and vegetables in the places excepted from the operation of the section of the code by public outcry if he desires to frequent those places for the purpose of making sales, and it would seem clear that the conditions which

surround amusement grounds, parks, halls and other places duly licensed by the city so far differ from the conditions which are found in and upon public streets and alleys of the city of Chicago that such differences would furnish a reasonable basis upon which to rest a classification which would support said section of the municipal code. It is obvious that persons frequent the places excepted from said section of the municipal code for reasons wholly different from those which influence the citizen when he builds his house or place of business upon the public streets or uses the public alleys of the city. At the one place the visiting public anticipates and expects there will be noise and confusion, while upon the streets and alleys of the city, outside of the noise and confusion incident to travel, it may well be expected order and quiet will be maintained. Especially is this true in a great city like Chicago, where a large per cent of its working people perform services at night and sleep during the day, and who, during their hours of rest in the daytime, should be protected by the city from being disturbed by the shrill outcries of fruit and vegetable peddlers as they pursue their calling throughout the city.

In City of Chicago v. Brownell, 146 Ill. 64, it was urged an ordinance was discriminatory which permitted bookmaking within the enclosure of incorporated fairs or racetrack associations and prohibited book-making elsewhere. The court, on page 69, said: "If it were admitted that the ordinance, by implication, sanctions book-making, etc., within the actual enclosures of fair or race-track associations that are incorporated under the laws of the State,' etc., it does not appear that defendant in error, or any one else, is discriminated against. If anyone can lawfully engage in that business in those places at such times, for anything appearing in this ordinance defendant in error and all other persons so disposed can do the same. On the principle that a city council may discriminate between different localities within the city limits in granting license to sell intoxicating