Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-01-23
Q, ", PALMEh, CIIy AIII'
! J. g. G. dRaTETs. TR.TEE; Au'ys for Dort.

tue pQsltlOu winch the city now nOlus. up 10 VIII
in two years ther5 had seemed to be settled poll
cy regarding the market question, and we had a
code of laws which protected the city against the
huckstols and sellers. The agitation Of the Cen
tral Market grounds, showed that the people were
in favor of the abolition Of ali market laws and per
feet freedom to all parts ofthe city for dealers and
sellers. There was then full and hee discussion
Of the question in the Council, and it was decided
that whoever chose, might sell where aud when
they chose throughout the city. The results were as
might have been anticipated, 10 cheaper market
produce and TO satisfy the people at large. This
state of things lead TO abuse Of the privileges
Of the sellers by which they sold tainted and un-
wholesome provisions. At length, to remedy this
evil the ordinance 70 prevent the sale Of such pro-
visions passed the Council.
Huckstering, tOrestalling and the sale Of tainted
meats we're the only prOpt sitions the legislature
had in view in their legislation upon this question.
A huokster Is q person in small trade, who takes
the quarter Of meat a few fish, or few fancy ar
ticles, to sell them out. He could do little harm
except to the poor people who purchase in such
small quantities.
A forestaller is q mau who by bis own operations
affects the prices of the market He purchases the
larger and the greatest quantities in the market and
thus controls the market at his own will.
This man Glue comes into market With no such
design, and the only person whom the legislature
had in view was he who by bis large posses ions
can say to the market when prices shall be increas
ed to the detrmsnt Of the citizens
Notice the phraseOlOgy Of the Statute. Page 70
Of the book Of ordinances reads as follows:
0ThC City Council shall meCt, establish and reg.
ate the markets and market places for the sale Of
provisions, vegetables aud other articles necessary
for the sustslance, convenience and comfort OF the
city, and the inhabitants thereof; they shall have
the power to prescribe the times for opening and
closing the same the kind and description Of art,
cles which may be sold therein, and the streets or
places to be occupied by the vendors. The City
Council shall have full power to prevent fOrestall-
ing, to prohibit or regulate huckstering in the
markets, and adopt such rules and regulations as
are necessary to prevent fraud and to preserve Or
derin the markets; but no charge or
Assessment of any kind shall be made or levied, in
any manner, against or upon any farmer or pro-
duosr Of vegetables or provisions, in bringing the
same to any Of the maFSstg l any city, for stand
inc in, or occupying place With OF without hor-
ses or wagons used in bring such produce to the
market, in any Of the market spaces Of such city
or on the streets contiguous thereto, on market
DAYS aud evenings previous thereto: Provided,
however, that nothing sQnt9iped in this act shall
be SO construed ps TO authorize the City Council
of any city to pass an ordinance for tho pnFpOse ol
assessing or imposing any fine or punishment what
ever, upon any farmer or producer, for selling at
any time within the city, any article Of provisions
or vegetables, to any person or persons in any
street or streets, or market spaces, during markell
hours"
wish the Court to express its views as to wheth'
er the City Gounail has pOFsr to pass an ordinance
to prevent the obstruction Of the streets. ! claim
that it has no such power. If the standing oi
teams does OF interfere with the passing ana re-
passing of vehicles upon the streets, then there il
no cause of complaint, while If they do thus inter
fsfe they are amenable to the statute laws of the
State and are liable to be carried before the GranC
Jury.
According to the lato ordinance there is an ex-
press provision that farmers and producers may
sell their produce ct any time and any place with
in the city. Then ask thv oorrt to establish th'
proposition thatif the farmer or producer dsss OBJ
struet the street he is ansWerabe only TO the stat
ute laws of Ohio, because the legislature has sait
that be shall be SO ansWerable;--While If he dOei
not so obstruct the streets, the ordinance provide
that he shall not and not be molested, as far
mer and producer. Now as long as Mr.. Glue ha
farm for the probation Of vegetables or produce
whether he Is worth one hundred dollars or thre
millonr, he is still farmer and as such Is pro
ducer, and as a farmer or producer be cannot b
molested, according to this ordnance We haV
no power to prohibit him from sailing Hhateve
be may have to sell, anywhere in the city in mar
ket hours.
Now, who is a prOducer5 In this case we hav
agreed that the defendant be classed as prOdu'
Ger, and as such, we ask for his discharge.
Who is produeer2 claim that any man il
producer who by his oEn art and labor convert
an article from thing that vas, to sn article NOR
valuable or serVicsable, Then be who raises veg
etables for the public good, is a producer III
merchant who buys and sells cloth Is not produ
Ger, but the tailor who takes his cloth and make
| 0armepts of II. is producer. He who goes to th
lake and takes the ish which are Of no account 4
man where It is, and slaughters it and thus con
verts that which was Of no use, into useful arti
/ Gle for the support Of life, is a producer. The
that man who buys cattle which are Of no ssrVic
10 community as an article Of food, and by his Ia
Dor, slauRhteys and converts them into an artiel
Of food, is producer.
We have thus separated the hueksters from th
| farmers and the producer. now call the atten
ton of the Court to the propositions in MeCulloeh
| Political Economy land the same in half doze
| others) that the labor which is employed to sp
propriate the works Of RaIpre which are in them
selEes, and in their natural condition, useless, 9
the service Of man, Is the real wealth OF peo
ME and a country. Labor was the original pur
! chase money Of all things, and the comfort am
happiness Of o people is graduated according
their power of SO applying labor as to make hlth
erto useless articles seFViosBble 10 sustain an
bsautify the daily life Of man.
Labor then is production and hence the lahore
Is a producer. This man has bought sheep an
has fed them for days and weeks, and hence
surely producer. But even If be had merel
bought the sheep upon the streets and given thel
nothing, but slsHghtere5 them on the spot .
would then be producer just Ss the h4nters ar
Who, BY their rifes, have added 90 many million
to the available products Of the country.
How can it be said that one OF them Is prodI
Ger and the other il mott And ask the Court
90 further and say that the butcher who buys, XII
| ,1eoo 1
the GOOD Of tho City Of ClsFsisnd. Such deei
sion would not be law, but Il would BE- the inter
nretstiou Of the law by this Court before Whic
sIl sueh easessmust come, and the influence OF sue
decision and Interpretation would go forth ini
| tha CITY and country to show what this Court rG
} gards as proper Interpretation Of the word pre-
, ducer. They can tbnl zee what interpretaho
they have a right to expect frsu IBIS Court
would put to rest the ye1ed question Snien R'
sgitated the people Of this city.
Mr.. Palmer responded that he wished to subm
,oms propositions to the Court, It being desirAb
,hsts carefully considered sOnslpHion be arrived
The question is, what is the Law, and not what
public opinion.
F,-st, wish to speak Of the municipal power
10 the Police organizations, &c. Certaln po"e
are given to the Police in city Wnien are not o.
UecteQ or tC9nG III tue SouAAJ eNN
Fsttisd Usot,ons Prominent among the institu
tops Of oIty or country sre the streets to Whie
the public have riEnt Of passage and TePassag
In cities the extra use Of streets impose' certa
police duties and powers and legislatures nav
passed certain local laws and statutes, anon
: which are those requiring the streets to os ke
? omen and free. Under these statutes every ma
rs right upon the streets, but be must be uslE
J dc street primarily for passage sad Te-Passag