New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-05

sued the business of buying and selling
drugs during the year 1875 without pro-
curing the license required by law, that is.
producing q proper diploma and paying $50
for it. (Act No. Ia, acts of 1877, seventeenth
division OF section One.
The reasoning of the district attorney on
the subject, We think, has much force, and
we are inclined to adoptit. He says: DE
fendant claimed the right to sell these medi-
cines under his license As Q retail merchant.
1t is true that merchant means dealer in
merchandise, which general term has very
extended meaning, covering all articles OF
commerce, including medicines; yet it will
not be denied that although the Legislature
requires license as retail merchant, which
probably means retail dealer in any and
all kinds of merchandise, it can still from
motives of public policy require special
license of certain kinds of dealers, such as
peddlers and hawkers under the thirteenth
division of the first section of the act No. Ia
of 1872, as we'll as of those who deal in
certain kinds of merchandise, such as those
who retail distilled liquors, sell me-
dicines, keep a coffee, soda or fruit stand
and many others. The twenty-seventh d.
vision of the same section provides that
every person having more than one shop,
store or other establishment, or who shall
exercise or follow more than one trade,
calling and business, shall pay the tax on
each separately. Under this section, if
retail merchant we're to retail whisky he
would be liable for barroom license; if he
were to put up a soda fountain, fruit
stand, or open q private market in his store,
he would be liable for the extra license ac-
cordirgly; if he were to send out goods
for sale as a peddler, or if, in connection
with the sale of clothing, he were to en-
plOy a tailor or tailOrs and, furnishing
fho 10Th hoy n
order for sale, in the one case he would
have to pay an extra license as peddler or
hawker, and in the other as merchant
tailor. The same rule will apply to the sale
of drugs and medicines by retail mer-
chant. special license being required there
for under the head of druggist.
Our conclusion is that the judgment OF
the lower court is correct, and it is ordered
accordingly that it be affirmed, with costs.
superior District Court.
Henry Kleinhager vs.. A. s. Badger, tt K
collector.-Default.
State of Louisiana vs.. Charles Clinton,
State Auditor, C. S. Sauvinet, intervenor
Now trial granted on plaintiffs motion.
Superior Criminal Court.
INEORAATIONs FILED.
Assault and battery. etc.-William vii.
liams, for assaulting Officer Gsspard on the
twenty sixth Of April.
Carrying concealed weapOns-B. Carlson
James Mulligan.
EOLLE PROsEQUI.
Forgery. etc.-Robert Threader, forging
a check for 5000 of S. b. Steers on the thir
teenth or fifteenth of March last. Accused
was sentenced on another charge to three
years hard labor.
Attempting TO set fire, etc.-Christian
Hecker. alias HagedOr, indicted April q
for having attempted to set fire to No 13!
Basin street on the evening of April 3. 1876
court.
ACQUITTED.
Robbary--Julius Clark, taking from
Officer j. F. Mitchell q revolver, on the
twenty eighth Of February last, during q
fight.
PLEADED GUILTY.
lams, assaulting Officer Thomas Duffy, or
the twenty.third OF April.
SENTENCED.
Assault and battery, etc.-Georgs Viii
Gams, ten days and costs.
First District Court.
NFORMATIONS.
Assault and bsttery-Pete Early, Martin
Lang.
Assault with intent to rape-Henry
Mitchell.
NOLLE PROSEQUI ENTERED.
Petty larceny-Mary WELLER, alias Paul
Joe Alexander.
second District Court.
SUGGESTIONS of William Nichalaus, Liv
cadie Menier. Taylor Webster and Davit
c. Miller opened.
Fifth District Court.
John G.. Ryan Va. Manuel BrisOlara-
JuG gment for Sll00 for plaintiff.