The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-24
To the Editors of the Exchange

| To the Editors Of the Exchange:
GENTLEMEN-Based the representations of an nfor
mant-the tendency of whose motives the sequel will
show-you have published in several recent issues OF
your paper, statements in which I personally CON
cerned and which conceive to be propose
therefore, to give the public knowledge of the facts. 1t
is well know that have been fined three hundred dollars
by Baltimore County Court under the second section
of Act of Assembly passed in 1882 which, though it
has been the statute book for eight years. has
been enforced against any merchant in Balti
more before though very many of them have at various
times, been quite liable to its provisions and in many
instances infinitely more so than myself
This act says, frst:-A nonresident shall SELL or
offer to SELL goods wares merchandise within the
limits of the city of Baltimore without first obtaining
license do under penalty of not less than three
more than six hundred dollars.
Second, That resident of Baltimore licensed to sell
therein shall suffer or permit nonresident to sell any
goods merchandise in his name at the store,
counting room, warehouse, in his occupation, used
as his place of business under like penalty of not less
than three than six hundred dollars; fourth
to be given to the informer who shall be competent wit
for account of various owners, for manufacturers for
commission, and as l proved, that I regular Ii
censed commission merchant having the undisputed
right to sell many goods my facilities would us
fy it will be difficult to perceive, how the fact of
allowing the clerk of my correspondents for whom sold
eighty thousand dollars year. aid in the sale
goods for which received regular commission and
which all properly entered in my books, and the
bills by me delvele ed to the customers could change the
character of the business materially to make, what
sales an fact the sales Of another in law. Those
acts all proven in open Court, and backed by the
testimony of commission merchant, that he regarded
this transaction coming within the regular line of
legitimate commission business. If the jury had looked
to the spirit and not merely to the letter of the law it is
obvious that such verdict could have been found
At the repeated suggestions of many of mercantile
friends, applied the Governor for remission the
fine, presenting him with the following statement signed
by many OF our most prominent and wealthy jobbing
firms, together with many of similar char
acter from others, viz:
I'VE respectfully represent to your Exceency that the
offence for which J. g. Fitzpatrick found guilty is
general and almost universal usage among commission
houses here and have bought goods from them va
rious times under precisely similar circumstances and
found it to interests to do and considering the fine
inflicted on Mr. F. as oppressive we respectfully request
you to remit the same"
reply which the Governor said he hal fixed and
positive determination not to interfere with the decisions
clearly proven his entire satisfaction be
oppressive by the statements of large and reia
bic firms, well individuals, whom he knows could
not be induced to make any other than strictly correct ana
honorable he felt at liberty to from
knowledge of me- 'before him with such Gre
dentials did not leave for doubt any state
ment should make He accordingly ordered the fine to
| be remitted
a remarkable fact in this case u.s. that conspicuous
among the many Jobbing firms that buy goods in this
way is that of the informer Saml. Bevan. thereby
coming himself party to the so-caled evasion of the
law.
charge this fact upon him. and am prepared to estab-
fish it by records at my command. Thus showing
wonderful pliancy his part nasmuch appears he
is willing to buy in this when his interests sub
served but when they nterfeed with he flies the
standard of the law, and becomes the champion of
the State and of the mercantile interests Balti-
more At Towsontown, the day Of trial, this wealthy
merchant nformer, assured of his kindly feelings,
stating in presence of Witness that his action in this
had done him good deal of injury, and he wish
ed say he dill to others, that he entertained
ill-feengs towards me- and that his efforts di
rected only against the other party. Sommers.
To give him the benefit of doubt, he must have at
that moment forgotten that in his socitude to procure
the desired verdict. he took the trouble not only to be
upon the ground himself but also bring the witnesses
out in his private carriage and furthermore sought in
ms noted ibeTdy to retain with the large fee Of five
dollars prominent member of the bar aid in the pros
ecution Of the case, which liberal offer Indignantly
modern style Of friendship, peculiar to the prom
eht merchant informer may well awaken the aspira
. aon IN save me from my friends" have the best
Vi those cable and motives that actuated this
prominent merchant informer Samuel Bevan in The fact
tha nls application in due form now in the hands of
tne shern al IowsontoTn for his portion lonefurtb5
OF the me as tyormer We readily perceive how
hutu must be to him to have that plea of not guilty
entered in the case of SOmmer when we see the prom
lnent wealthy merchant nformer reaching his pound
OF flesh The world will have it, Shyock
j. e. FITZPATRICK