Delaware gazette and state journal., 1884-02-07
SHINNERS VERS US FARMERS.
The Butchprs' Case Grows Extremely
Interesttng-Mr. Btrd Raises a
Point Which VIII shake the Valid
ity OF the street Mark ent

Interesttng-Mr. BIRD Raises a
Point Which VIII Shake the Valid
ity OF the street Market-Argument
Postponed.
At The instance of Clerk Of the Market
Ainscow, Edward A. Harrison, we'll
known butcher of this city WAS arrested
on the charge OF violation Of the market
ordinance inssmuoh as he sold meat in the
curb market which he had bought himself.
He was brought Saturday into the munic-
ipsl court and gave $50 reoognizance for
his appearance on Monday morning. The
arrest ia the cause of much discomfort
among the city butchers who have
shops and stalls on King street. They
think it is very wrong that when they
pay taxes they are not allowed to sell on
the curb, while country butchers who
pay no taxes can come into town and sell
their meet on the street.
The ordinance for King street says that
all butchers who raise their own cattle or
who buy them when they are young and
fatten them on their own land can bring
them into market and sell the meat on
the curb, but that any simmer or
butcher who bnys his meat after it is
killed and sells it on the curb is liable to
fine of IS for each oifsnse.
On the latter declaration, Clerk Ain
soow had Harrison arrested. Some of the
city butchers bay that many of the
countrymen do not raise the meat they
sell in market, and that many OF them
only have it for week or 30 before they
bring it into market for sale. Acting on
their belief, they have caused the arrest
Of three country butchers named Hamil-
ton, Pratt and Fredd.
In court Monday Judge Cummins
called the CASES against Pratt, Fread and
Hamilton, the country butchers. The
city solicitor said he weuld like to give
Pratt and Fredd preliminary hearing,
but tb at in Hamilton's case he would file
information.
Levi e. Bird, Esq, counsel for the
oountrymen, ssked the city solicitor what
were the facts against his clients, adding
''msybe we will admit them" After
some little conversation between the
counsel, Mr.. Bird admitted the facts,
namely, that sometimes his clients
brought meat into the market which they
had not raised or fsttened Oh their
lands. Before the city solicitor
could formally file information in
the cases, Mr.. Bird arose, aud address
ing the court said, that the law, If il
could be honored with such title, under
which his clients were arrested, was an
infamous one. He knew it could moi
stand and he intended 10 prove to the
satisfaction of the court that 1t could not
He did not think 1t would take very long
to do it either. He did not know by
whom 1t was made, hut he thought
it outrageous that any body, City
Council or Legislature, should make ar
ordinance giving to one class of people
privileges and immunities and at the
same time deny them to another class
'Just look at it," he continued, "thi;
city would allow farmer who raises his
cattle and kills them on his own lard t'
come here and cell his meat on the euil
while butchers of this city who buy theil
meat already killed are not allowed tha
privilege"
Judge Cummins-"That law, however
does not apply to Madison stree
market"
Mr.. Bird-"I am aware of that, you
honor, and that very fact goes to Prov
Its invalidity."
At this point City Solicitor Turner in
terrup,ed Mr.. Bird by asking if he In
tended to argue the case before informs
tion had been filed.
Mr.. Bird in reply intimated that wheI
he got through talking, he would hav,
so completely convinced the court of tn,
invalidity Of the ordinance, that an,
information would not be necessary.
The court thought it would be bette
to have the case first formally presented
and let argument follow. This was done
and argument on the point raised by Mr.
Bird was postponed until next week, tn
city solicitor wishing to look the matte
up further.
As the case now stands, 1T will undoubt
edly 90 to the superior court for settle
ment.
Should Mr.. Bird get judgment in hi
favor in the municipal court and th
superior court, or should he only &c
judgment in the former and the city solc
tor declined to carry the ca further.
would have the effect of doing away witt
the street market.
This would follow from the fact tina
the market is merely suffsrance on tn
part of Council, and the decision woul
have the effect OF letting butcher
do as they please and sell wher
they please in the market. Cit
Council would then end the mai
ter by sbolishing the whole marke
and houses would have to be erected in
stead. With the prospect of ihe abolitio
in view, some citizens think that tn
butchers we're very foolish to raise til
point.
Clerk Of the Market Ainsoow, however
says that he is very glad the point hs
on one side or the other, he will kno
where he stands and what his authority Il
| a..