Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-05-04
HA WRING AND PEDDLING
SOMETHING ron THE LAWYERS TO
DEBATE OVER.

Hughes was arrested in Columbia
county, this State, for hawking and
peddling without license. The case
was taken before Judge Elwell, who,
after hearing both sides, rendered a
special verdict, which will be found
interesting to merchants in particular
and the public in general. The learned
Judge lays the law down as follows:
The first count in the indictment
charges that the defendant did unlRw.
fully sell, as hawker and pcddler,
foreign and domestic goods, wares and
merchandise TO wit; Oysters, contra.
~, &c, The second count charges
that he did unlawlully expose to sale
as a hawker and peddler, foreign and
domestic goods, wares and merchan.
disc, to wit; Oysters, contrary, 6c.
The verdict Of the jury finds that
the Act of Assembly passed April 7,
1916 Pamphlet Laws 1916, page 364,
was extended TO Columbia county, by
Act passed q March ls4S, Pamphlet
Laws 1913, page 270, and that the same
is now, and was on the 18th of Decem.
Der, 1876 in force in this county. And
that on that day in the town Of
Bloomsbury, in this county, the de-
fendant did as hawker and peddler
and travelling merchant, sell and offer
for sale, oysters TO citizens of said
town, and did go from place to place
crying "oysters' IN the streets. But
whether he is guilty Of an oflense pun.
ishable by law is submitted to the
Court. If the facts set forth, consti.
tute in the opinion Of the Court an
oflense, they find the defendant guilty,
otherwise verdict for the defendant.
The Act Of Assembly referred to IN
the verdict in force here is in the
words following: "No person shall
sell or expose TO sale, within the coun.
ty OF lSohuylkill,) Columbia, as
hawker, or travelling merchant, any
foreign or domestic goods, wares or
merchandise, under penalty Of fifty
dollars for each and every offense, to
be Inflicted in the manner provided by
the Act of April 6, 1888, entitled a
supplement TO the Act regulating
auctions in the city OF Lancaster and
other towns of this Commonwealth
passed the 7th day of April, 1882. The
mode Of proceeding, provided by the
Act Of April 6, 1888, is by a warrant
from Justice Of the Peace, abinding
over to Court and indictment in the
Quarter Sessions.
The two words "hawker" and sped.
der" as employed in statutes are
nearly, if not quite, identical in mean.
ing; and each OF them signifies an
itinerant vendor Of goods, Bishop on
Statutory Crimes, Sec. 1914. In Alb.
bott's Law Dictionary, page 552, a
hawker is defined to be ia person who
practices carrying about merchandise
from place to place for sale as oppos-
ed to one who sells at an established
shop" II is equivalent to "peddlor,"
which is more used at the present day.
1t is generally understood from the
word that a hawker is one who not
only carries goods for sale, but seeks
for purchasers, either by outcry, or by
attracting notice and attention to them
as goods for sale, by an actual exhib.
ton of or exposed by placards or Ia.
bels, or by signal, like the sound of
a horn for the sale of fish. Common.
wealth vs.. Ober, 12 Cushing 495.
Fisher VS.. Patterson, Harris, 1886 1888.
Commonwealth VS.. Willis, IA S. 4 r.
39S.
The verdict finds the specific acts
done by the defendant TO have been
done as a hawker and peddler, going
from place to place, offering for sale
and selling oysters to citizens and call
ing attention 10 them as goods for
sale by crying "oysters" in the streets.
II follows that be Is guilty OF viola
tion Of the law, if the article sold or
offered for sale was goods, wares or
within the meaning OF
Tho statute.
The word goods" in its largest
sense signifies all Of q mans property
other than real estate. Bishop Statutory
Grimes Sec. 3I4. lAbbotts Law Die.
.ionary 537. In criminal statutes, par.
.icularly in statutes against larceny, it
S not understood to have the full
meaning as above ndicated-choses in
lction, bank notes, mortgages, deeds,
and the like are exceptions, But with
.hese and some other exceptions not
necessary to be mentioned here, this
word seems TO include everything ofa
personal nature. Thus oats, corn, &C.,
he products Of o mans farm, are goods,
wares and merchandise The State VS.,
Brooks, Com. Rep. 446. In its legal
sense il includes animals as well as in.
animate things, and in penal statutes
t is construed as limited to movables
belonging to the property of some per-
ION, of intrinsic value. Taylor VS..
Barnes, 35 N. H., 4S4. The term
merchandise includes goods and in gen.
,ral, objects of traffic and commerce,
md is broad enough to include also
tocks or shares in Incorporated com.
,anies.
The Act of Assembly makes no ex.
,eption in regard to articles Of food or
my other class Of goods. 1t follows
hat the prohibition contained In the
Act of Assembly applies to tho sale OF
,ysters by hawkers and peddlers, with
IS much certainty as to any other
,oods or articles of traffic and com.
nerce.
The purpose of the Act, without
loubt was in part, to prevent interfer-
nee with the business Of established
louses, and also to protect the commu-
ity. from imposition which might be
'racticed by itinerant dealers.
In regard to no articles Of food is
bis protection moro needed than those
f fish and oysters.
Upon the facts found by the verdict,
We are of the opinion that the defend.
Mt was guilty of the oflense charged
n the indictment and that he hereby
Incurred the penalty Of fifty dollars
nd the costs as provided by the stat.
tes.
lTTACRED BY A FER0CiOUS
LION.