The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-08-26

to keep the peace
TROUBLE IN THE FIRST MARKET.-There was
considerable excitement am ongst the marke' men
and hucksters of the lower market yesterday
Superintendent Diddep having reported some hali
dozen of them to the Mayor for alleged viola tons
of the market ordinance. There are sections Of
this ordinance which req lire amendment by the
Council to render them ineligible and pointed in
construction. The misconstruction of certain OF
these sections has for long time past, given rise
to much feeling among the tenants of the markets
Quintin Blan st reported, while keeping two
stands inside ct the market for which he paid
license, for using large portion of the Wa X out
side of his two stands, for which he paid no license.
NJ. Diddep stated that complaint had been made to
him of the position of Mr. B. stands and he desired
the Mayors opinion with respect to the matter -
Mr. Blan stated that he raised large quantity Of
f. lit and vegetables, and unless he was allowed the
use of the space outside of his two stands he could
not find room for them.
The Mayor decided that Mr. B's case did not come
under the operation of the market crdinf ace and
imply its violation, and dismissed the warran'
A. 5. Crowder reported for selling fruit ct
the First Market without due license. Mr. c. prove
that he was employed generally by Mes srs Brown
Il Kirby to sell fish for them, and that in the neces
sary absence of Mr. Kirby from his fruit stand one
day he sold portion of the fruit for him-and the
Mayor dismissed the warrant.
William Brown was reported for like offence,
but proving also that in the necessary absence of
his father j. Brown, he presided at the fruit stand
and sold small quantity of fruit, the Mayor dis.
missed the warrant
Henry Timberlake was also reported for selling
fruit and vegetables without license Mr. T. stated
that he was sub agent for Mr. Brown, of the fln
OF Brown & Kirby.
Mr. Diddep, in view of this fact desired the Mayor
to settle the question of Browns right to employ or
hire out his vegetables to be sold in half dozen
different portions of the market.
WV. Day, Esq, in behalf of Mr. T , argued that
by drawing analogy between market licenses
and merchant licenses they would prove distinc.
ZION, clearly showing that it not the design of
the Council, by the market ordnance, to restrict
party to whom a license was given to any particu-
lar locality or spot around the market. The mer
chants license for instance, authorized a merchant
to sell goods only at his store, but market license
authorized The narketman to sell fruit at par
tcular stand, but at the Old Mayket-in any portion
portions of it. AS long the marketman kept
within the market in which he was licensed to sell
he could sell his stock, in his lMr D 81 opinion
either by himself oy agents, provided that he did
not, in his dealings, obstruct or injuIe the proper
trade of the market-he would then be guilty of
committing Nuisance and could be prosecuted for
it. Mr. B., in short, could sell under this ordinance
by agents in different portions of the market
The Mayor said that ii one man had the right to
employ half a dozen agents and they their sub.
agents, one man could control, on the same princi
ple the whole market and nil it vita his agents He
should fiae Timberlake $40 and costs. An appeal
was asked for, out the Mayor referred Mr. r. to the
City Council.
F. G. Hundley was reported for selling fruit, &c,
with out license. 1t appearing that Hundley sold
fruit for Mr. Tim5eIake, agent of Brown in rs
absence one day, under similar circumstances to
those in Crowder's and Browns cases, the warrant
against him was also dismissed.
Whitlock Allen Were reported for selling at two
stands in the lower market wen they had license
to sell at only one stand 1t appearing in this case
that Allen sold for Whitlock only such vegetables
as Mr. w. raised-that Alien was WIS gardener. and
that the number of traders often separated the loads
of vegetables-the Mayor dismissed The warrant
The Mayor closed the lengthy examination with
s,me words of caution to the persons whose cases
had been dismissed with respect to future viola
tions.