The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1884-10-10
Hawking ana Iseddiing.
COMMONWEALTH versus CHARLES Epson.
CHARGE OF THE COURT.
Gentlemen Of The II


The defendant here, Charles Edison, Is |
indicted for an alleged violation OF penal
statute of the commonwealth 1t Is not |
charged that he has committed any act bad |
in itself, contrary to good morals and such
as conscience condemns, but only an act
forbidden Ivy statute designed to aid in
regulating the business affairs OF the com
munity but not an act intcrdcted by any
natural sentiment or perception Of the dif-
ference between right and wrong. The
lawmakers, therefore, restricted the pun
ishment for the breaking of this law to the
imposition upon the convict OF fine with
| out imprisonment q restraint OF liberty
not seeming to be deserved by one who
has committed an ofenso created so by
| merely human enactment. And II was
doubtless supposed that the imposition of
| the amount of fine named in the penal
clause would be amply sufficient to deter
the person accused and convicted from
repetition of his unlawful act, and, by way
OF example, to deter all others who might
otherwise be tempted to begin.
| The law in respect to hawkers and ped
lars differs in the different counties Of this
commonwealth Before the adoption of
the constitution of 1874, local laws were
allowed under the provisions of the con-
stitution in force up to that time, and
some were passed regulating auctions and
sales by licensed vendors varlously in the
various counties, as you have doubtless
observed by what has been exhibited be.
fore you in the course of this trial. In
1889 a law was passed in respect to auc-
tlons in Lancaster county, and, in 1888, by
q supplemental act provision was made as
to the manner of carrying out that law in
that county, and the proper mode OF pro.
cedure against one prosecuted for its viola
tion. In 1S46 a law was passed for Schuyl-
kill county, and this law referred back to
the law for Lancaster county, without,
however, repeating the terms of that law
as to the steps by which the State should
proceed to enforce the act or to infict the
punishment for its nonobservance. In
1S4S the Schuylkill county act was extend
ed to the county of Columbia (among
cthers), and is in force here Today. 1t
provides that ''no person shall sell or ex-
pose to sale, within the county of Column
bia, as hawker, pedlar or travelling mer-
chant, any goods, wares or merchandise,
under the penalty of fifty dollars for each
and every oifense, to be inflicted i'll the
manner provided by the act of Sixth April,
1888, entitled "a supplement to the act reg
ulating auctions in the city of Lancaster
and other towns in the commonwealth,
passed the 7th day of April, 1892" That
, mode of proceeding is by complaint be-
fore a magistrate, a binding over to court
{ and an indictment in the Quarter Sessions.
This line of procedure, pointed out by the
act of 1888, is the one that has been pur.
sued in this case, and the defendant here
is called upon to answer the general charge
OF having violated the law by the sale Of
goods, wares and merchandise within the
county of Columbia, as "a hawker, pedla
. or travelling merchant" 1t is also particu
larly alleged against him, that he made, a.
such hawker and pcdlar or travelling mer
= chant, sales to certain individuals namet
- in several counts,
The first question which naturally arise
,, is, what is meant by a hawker, pedlar o
a travelling merchant; what did the Legisla
ture mean when they used those terms
Cases involving this question have fre
= quently been before the courts, not only il
y this State, but elsewhere. In earlier use
~ the term "hawker" meant one whose occu
" patton was somewhat other than tina
- which is now commonly understood t
10 constitute what has since been made tn
criminal otfensc called "hawking." Whe
,r the Legislature employs in statute word
n that are current in vernacular speech
known by the people generally, the NEAR
o ing and construction to be assigned I
,r such words as terms in the law, are Sc
h tied by reference TO the usual sense {
70 those words among men who habituall
use them; to their power according to til
popular understanding and acccptatioI
What is that, in respect to the words /"
,. hawker, pedlar, or travelling merchant
u A hawker, as has been read to you frol
D Abbot's Law Dictionary, is defined to be
~ person who carries about merchandi'
u from place to place for SALE as opposed
10 or distinguished from one who sells at a
established shop or store. But the ter
r. now popularity applied to designate OF
Iy who not only carries goods for sale bl
e. likewise seeks for purchasers of his goo(
" in any manner, whether it be by outcry
by placard or other device upon the V
n hiclc he drives, or by any other way Of i
,r- viting persons to buy of him any portab
sh goods, wares or merchandise that he m,
have in pack upon his back or in a wage
cs at the door or upon the road or even in
canal boat upon the water, in anythir
ma that he moves about with him from pla
,ts to place and from house to house, solic
ing custom, Is 'pedlar," SO that the
m terms "hawker" and "pedlar" as they a
r,, employed in these statutes cited, are ide
zoe tical in meaning, signify one and the SAL
thing; and think that "traveling m,
chant" is merely another added synonym
nu the Legislature coupling these sever
'u terms because the public may make L
oi of one of them in one locality and anotl
VIZ in another; SO that nothing is moro co
mon than to join in statute, especia
ny in prohibitory one, all the various nan
'"y by which the thing prohibited is commc
ly called. A merchant, according to I
cio present understanding of the term, is O
.u'- who trailics, trades, in anything as bu
ness, by way of barter or exchange
led goods for money, who makes his living
buying and selling or by frequent negot
an, ton, whether as an importer from forei
sci. countries or as wholesale or retail dea
oy- in home productions. There are seve
sorts Of merchants. AS distinguished
ooh some writers, we have merchant adventur
of or such who engage in hazardous en-
prises, as risks at sea merchants do,mc
silent partners in a firm, that is to S
ooA furnishing capital but not actually engal
pa in managing the concerns of the house; 1
chants resident, who maintain a stand, as
by called, a permanent place of business
wh, travelling merchants, who, though they L
'uid have fixed warehouse of supplies, yet