The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-12-02


TINS MEAT QUgsrIox.--Our readers are
aware that some Of the butchers have re-
fused TO comply with ordinances prohibiting
the sale Of fresh meat at any place within
the city limits excepting at the public mar
ket, and have opened shops Tor the vending
Of meat at various places in the city. Tbs
city officers have been energetic and persia.
tent 10 their efforts 10 enforce the city Ordi-
nance in this regard. Several Of these meat
vendors have been prosecuted before Justice
SImons, and convicted and fined for breaches
OF this ordinance.
Several days ago, Joseph Ladder, well
known and respectable butcher, who had
recently opened shop on Jackson street,
WA arrested and complained OF before the
City Justice for selling fresh meat at his
shop, in contravcniion Of the ordinance.
lie appeared with his council, Lorenzo Al.
lis Esg, and pleaded mot guilty" to the
charge. II. j. Horn, Esq, City Attorney.
appeared for the prosecution.
Bat an amicabIe understanding between
the counsel. and for the purpose Of getting
final determination Of the legal questions at
issue by the court Of last resort ut Al early
day az practicable, the case was tried and
argued before the City Justice without the
Intervention ola jury, although 1t was well
understood what ths decision Of Judge 81
mons would be in the premises, as he had
already passed upon tho question. There
was no dispute about the facts. The de-
PENDANT, Ladder. had sold meat contrary 10
the terms Of the ordinance. II was admit
ted that BIO had applied to the Common
Council for license 10 sell fresh meat ut
bis shop but that the license had been re.
fused
The counsel Tor the defendant contcndel
that the ordinance requiring oil meat scnd-
ors to hire stalls in the public market and
10 sell there and no where else, unless they
first obtained special license to sell else
where, and the action Of tho Common Coun.
ell in refusing the defendant licenso to sell
elsewhere, when applied to. were in restraint
of trade, and therefore void He further
contcDded that even If the ordinance was
good. the defendant had committed no Of
l,ncc in selling fresh meat without license.
after be had applied for such license and il
had been refused.
Our able CITY Attorney controyertod
these propositions very strenuously. and
Judge Simona adjudged the defendant gull,
,y. anI fined him twenty-five dollars.
Tho defendants counsel took the matter
up 10 tho District Court, on ce,tiorGr,
and tho question was again argued last week
before Judge Palmer,
Judge Palmer announced his decision on
Tuesday, reversing the Judgment OF the City
| Justiee.
We understand that he holds the market
ordinance generally valid. but denies to The
Common Council or city, tho power arb
| hdrHy 10 refuse license 10 an applicant
! Such refusal must bo for good cause. md
| for valid reasons aud it Is incumbent upol
the city to show such cause aDumdinelg
| No good reason having been shown for Ia,
refusal oil tho license in the defendants case
tho Judge was Of opinion TINT the defendant
had been guilty Of no oif,nce in selling with
out license.
| This decision viii be- satisfactory to the
| public, AZ thesc shops. especially IN the win
ter season, are u great public convenience
and no detriment to any one. Besides being
u convenience, they tend to excite competi
ton anl to break Down monopoly. which i.
a grca, public advantage.
! Ladders case above referred 10, will. WI
understand, he taken up to the Supreme
/ Court, where q final determination OF the
controversy will be had at tho approaching
( term OF that court.