St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-14


upon Robert street as q grocer and selling
vegetables, etc, however. refused to pay his
license; a complaint was made against him
in the Municipal Court; he was tried. con-
victed aud fined The case was carried 70
the Supreme Court BY writ of eertorari, and
reversed. The law under which the orii-
nance was framed (Sec. Is, chapter
90, Special Laws OF 1SsD Is as follows:
The Common Council Of the City ST. Paul,
shall have authority to erect and maintain
market houses, established market places, TO
restrain aud prohibit during market hours,
the sale at any other places than the public
Market or market place, meats, poultry,
wild game, fruits or vegetables or other arti-
cles except by regular licensed dealers, and
by them ouly at their regular places OF bust
ness aud for which place they shall have
license, and 10 restrain and to prohibit the
purchase by any grocer or other dealers in
vegetables, poultry or other provisions, any
meats, poultry, wild game, fruits, berries, veg
etables or any other article in any public mar
ket or market place, during market houls
except for the use Of his or her own family,
provided, however, that nothing in this sec
ton shall be construed TO prohibit the sale of
vegetables, country produce or poultry, upon
the public streets, lane or alleys after the
hour Of twelve (12) O'Clock noon Of each day.
In the ordinance under which the proceed
ings were had In the case Of Farnsworih, no
reference was made TO market hours, the ordi-
nance prohibited the sale Of vegetables.
fruit, poultry, etc, at any other place than
the market house, without first obtaining a IL
cense, etc The supreme court in
its decision in that case said
The act recited only authorizes a restraint
or prohibition 10 be imposed upon unlicensed
vendors during market hours. The prohibit
ton Of the ordinance is unqualified
in respect to time. Under this
legislative power there could be
no prohibitory ordinance so long as there
was no designation by the proper action of
the municipal authorities OF market hours,
10 which time only can the restraint be linn
tied. Such a designation is necessary part
OF any legislative action OF the Com
mon Council by which penal consequences
may be sought 10 be attached 10 such an oc-
cupation. The occupation is lawful. until
by ordinance haTing the force Of statute law,
and containing every provision necessary 10
define the prohibition, II is made unlawful.
The mere act OF selling farm products With
out a license, at place within the city other
than the public market, and without regard
10 the time Of making such sale. could not
be made criminal bY any ordinance in view
of the Limitation expressed in the legislative
act. Yet that is all that is alleged against
the relatOr. There is no natural period Of
time known as market hours; aud It neither
appears that any such period has been in any
manner established or designated, nor, II
such is the fact, Is II alleged that the sale
complained OF was made during that time. "
The law department Of the City upon being
advised of the decision of the Supreme
Court, In the ''Farnsworth csse,' prepared
aud submitted 10 the Common Council a
draft OF an ordinance 10 correct the mistake
which ordinance, being ordinance No. 400.
passed the Common Council, and became
operative on the Sth day of August 1854,
since the passage of said ordinance, all per-
sons dealing in vegetables, have been re-
quired TO pay license, just as was done IN
der ordinance No. 1913. The mistake OF the
petitioners grew out OF the fact, that the
newspapers of the City in commenting upon
the decision OF the Supreme court IN the
''Farnsworth case" said: That the decision
was based upon the ground, that the Com
mon Council had no legislative authority to
pass an ordinance, licensing vegetable deal
ers sc, when in fact, il had full power 10
pass proper ordinance. In the passage of
ordinance No. 1893, the Common Council
made ii too broad in its terms.
As the payment by the grocers were vol
untaTy under the ordinance held invalid, the
petitioners have no cause OF action against
the City. II the Common Council should
order a return of the money paid by veget-
able dealers, they would at once be required
to take out new license.
Under ordinance No. $50, as Mr.. Nugent,
the collector Of licenses, has been instructed
TO treat all grocers and others, who have
taken out license under ordinance No. 1913
as duly licensed, am unable to see why
there should be any cause Of complaint upon
the part of the petitioners.
/ therefore advise against the return OF the
money paid for vegetable license under or
dinance No. 1888. Very respectfully,
W. p. MURRAY, City Attorney.
October 90, 1854.
REPORTS OF SPECIAL COMMITTEES.
OF Aid. Van Slyke-De Soto street widen
ing
Committee return the report of the Board
of Public Works relative to widening said
street, together with an additional petition
for the improvement
Board Of Public Works.
MISCELLANEOUS.
Claim presented:-C. Henmeyer 81. so,
Kenney u Hudner 1855, Joseph
Spiel S23.4 5, Ameriesn Shelf d Drawer com
pany $2O7, Pioneer Press company $5I, John
ii. Shea $3.50 The Day $50, j. Bruggemaun
$685. d. F. Getchell SO, j. B. Confer g. %
]. B. Morehead 81 so, John Clancy $40, Geo.
Rochat s1.25. St. Paul Dispatch $24, Justus
Kahlert 81 %, St. Paul Gas Light company
s., S77S0, Quinby Il Abbott $50, House of
Good Shepherd $4,000, John Matheis SI7. 80
Ward, Hill q Mcclellan ss.65, Mccarthy q
Donnelly $50 So, St. Paul Book & Stationery
company s6.47, c. c. Miles 1855, John
Dowlan 1913, II. z. Wedelstaed $3.50, Board
OF Water Commissioners $i3. 10, Daily Globe
IS, 152. 80, Robert Seeger s., 242. g.. claim of
Judges of Election 81, $50, claim for use of
rooms 10 hold election S104; Daily Globe,
81 ,0S6. 10. Committee on claims with ex-
ception Of claims of judges and clerks and
use of rooms TO hold election which were
allowed aud referred to Comptroller by the
following vote:
Yeas-Ald. Cummings, Dowlan, O'Connor.
Robert, Cullen Otis, Cornish, johnson, Van
Slyke, starkey, St. Peter, Mr.. President-12.
Ordinances
An ordinance was read entitled an ordi.
nance granting permission to II. G. Schur-
meier to erect an ice skating rink.
On motion the rules were so far suspended
as to allow said ordinance TO pass to its sec
ond reading.
Yess-1O.
Nsys-Ald. Otis, starkey-2.
The said ordinance was thereupon read 8
second time and passed-(See ordinance No
1927.
An ordinance was read entitled an ordi-
nance naming certain tract Of land Missis-
sippi street.
On motion the rules were so far suspended
as to allow said ordinance to pass to its second
reading, by the following vote:
Yeas-Ald. Cummings, Dowlan, O'Connor,
Robert, Cullen, 0tis,- Cornish, Johnson ,
Van Slyke, Starkey, St. Peter, Mr.. Presi-
dent-12.
The said ordinance was thereupOn read 6
second time and passed. (See ordinance No.
463.)
An ordinance was read entitled an ordin-
ance granting to the Minnesota s. North