Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-01-28

The City of Cleveland In the Police Court of
VS.. the City Of Cleveland,

The defendant, Henry Glue, is a resident Of
Brooklyn, in said county and has been in the hab.
it Of purchasing sheep and cattle and placing
them on his farm, and ughiering the same as he
could find sales for the meat in Cleveland. Some
Of said cattle and sheep he would have on hand
for but few days, while others for several weeks.
It was his habit to feed said cattle and sheep while
he kept them. In this particular case the defsnd-
ant had his sheep from which the mutton be was
Offering for sale during market hours, when ar
rested, had been produced for the term Of four
weeks, and had himself fed and slaughtered them
during this time. It is agreed that be then was
occupying Ontario street with bis team and wagon
for the purpose of selling said mutton in said city
and that said Ontario street had not been desig
natod as market place.
CIV. PALMER, City Attorney.
L. G. THAYER,
]. Z. GRANNIS,
Attorneys for Defendant.
Il was admitted on both sides that the City
Council derives its power to legslaie for the city,
solely Fl ON enactments Of the Legislature OF the
State, by which such power is specifically dele
gated. On the part OF the City It is claimed that
the City Council derives its authority to pass the
Ordinance in question, from an act of the General
Assembly Of the State of Ohio, passed May lst,
1854, which act $50 far it relates to the matters
in controversy is as follows:
"They" (the City COunciD "shall erect, estab-
lish and regulate the Markets and Market pls-
ces for the sale Of provisions, vegetables and
other articles necessary for the sustenanee, con-
yenience and comfort Of the city, and the inhab-
itants thereof they shall have power to prescribe
the times for opening and closing the same,
the hind and description Of articles which may
be sold therein, aud the stands or Places to
be occupied by the vendors. The City Council
shall have full power TO prevent forestalling. 70
or he yofu
adopt such rules aud regulations as are necess Iry
to prevent fraud and to preserve order 10 the mar
kets; and they may authorize the immediate seZ-
ure, arrest and removal from any market, of any
person Ot persons Violating its regulations, as es
,ablished by ordinance, together with any article
in their possession, and the immediate seizure and
destruction Of tainted or unsound meat, or other
provisions; but nc charge or assessment shall be
made or levied, in any manner, against or upon any
farmer or producer Of vegetables or provisions 10
bringing the same TO any Of the markets, in any
city, for standing in Cr occupying place, with or
without. horses and wagons, used in bringing such
produce TO the market, in any of the market
spaces of such city or in the streets contiguous
thereto Provided, however, That nothing con.
tanned in this act shall be SO construed as 10 au-
thOrize the City Council Of any city to pass an or
dinaDce for the purpose Of assessing or imposing
any fine or punishment whatever, upon any farm.
er or producer, for selling at any time within the
city any article Of proYision or vegetables TO any
person or persons, in any street OF streets, or
ket spaces, during ma ket hours"
1t is manifest that the Legislature by this act,
intended discrimination in favor OftarMTs and
producers, in three particulars
lst They shall not be sub iect to a charge or as.
sessment ofauy kind, when they bring the pro-
ducts to market, nor for occupying market places
or spaces, on market days and evenings previous
thereto
I'd. They shall not be fined or punished in any
manner for selling their products within the city
during market hours.
Sd. They may sell during market hours In any
market or market spaces and in any street in the
city.
This discrimination, doubtless owes its origin
to a sense of public policy in the Legislature,
which sought 10 promote direct traffic bet ween
the PRODUCERS and consumers; such direct traffic
having tendency t9 cheaper the Deeessaries of
lfe ..s
It is claimed for the Defendant
lst That be is a producer within the meaning
Of the statute; and
Cd That being producer, be had a right to
occupy Ontario street 10 the manner he was 0Ccu
pying it, for the purpose OF vending his own pro-
Ducts Great stress has been put upon the word
Producer and the definition TO be given to it. It
must be admitted, that, if the defendant is not a
pr rodueer he would haven right to stand, or Vend
his articles on streets not designated as market
grounds or market places; but Uniting him TO be
producer, it does not follow, he having the right
al all times, iu market hours to sell and deliver at
all places, within his city, that he has right to
occupy the street as place Of business. pro-
position which is denied in terms, cannot be ad.
mitted without evidence or consideration.
I shall q, sumo that, II the Legislature had seen
fit TO define who should be deemed producers, It
would have been competent for them to have
done so; but this not having been done, the Coun-
Gil would not have the power to fix definition,
unless it should be within the ordinary signifca-
ton Of the word. This being taken for granted
itmust follow that courts when called upon to de
fine IoOTd or phrase in the statute, are to pre-
sumo that the ordinary import Of the language
used is what the Legislature intended, unless a
different meaningis apparent from the statute it
self A producer is defined to be one GOhO gene
rates one aChO produces. OF course produce ia
the result Of the labor Of the producer. Producer
INST imply one who uses materials connected with
labor, and the result or end must be produce or
product Where the application of labor has
been upon materials TO bring forth necessaries for
sustaining lite, the end attained Is produce. When
the labor has been applied upon materials to bring
forth instruments apparel, vehicles, in short any
thing which serves the convenience, or is for or.
nameDt,, the result or end attained is product In
both instances, however, men who apply labor to
materials are producers, the mechanic as well as
the farmer. Labor is always thought of in con-
nectiOn with produce aud products, and must al
ways form large proportion Of them. Writers
on Political Economy dher very little on this sub
1ect, All agree tudt tue dBeuCg VI uldu III pEUuu
cling is confined to making alterations Of existing
matter, and they who effect alteration in form or
place are called producers. Adam Smith consid-
cred productions to grow from commodities and
services. Mr.. Senior says be who changes mater
rials, so to produce things, useful or Ornamen
tai is a producer Mr.. Carey says ITO produce,
may he defined to be TO occasion an al Grafton in
the condition Of existing matter by which that
matter may be rendered more useful or agreeable
than in its present state. The last named author
also SAYS that all who are engaged in affecting
this alteration either in form or place. are produ-
GERS" Locke says, "GOd sells every needful thing
to man, and exacts pay in labor, and thus man is
the producer TO his own wants" 1t has grown in
10 an axiom that materials disconnected with labor
are without value and hence the prOverb in PO-
lfical Economy, that labor IS the sole cause Of
loealh.
The question returns, the defendant having pur-
chased sheep of the original producer, kept aud
fed them for four weeks, slaughtered them and
brought the mutton 70 market, is he producer Of
mutton in the markets of Cleveland Before
answer this question, will suppose case for il
lustraton A farmer In ROyalton raises on his
farm cattle and sheep, bat never brings them TO
market; he deems il for his interest to sell on the
farm, and allows other men to go between him and
markets ia the cities; be was the producer Of
beeves and sheep in RoyatOD, aud parted with
bis interest in them. After the necessary chan
ges, both as 10 form and place, produced by labor,
not by the farmer but Of the purchaser, the beef
and mutton are introduced for sale in Cleveland,
Who is the producer Of beef aud mutton in Cieve-
| land Is the farmer who has done nothing to
change the original commodity, the producer,
when he has no interest in il To say that