Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-07-22
rHE orrY MARKsrs.



From Every Evening Of yesterday.
Before Judge Cummins this morning
Wilmer Clark, Samuel r. Cannon and
John Berry, the latter colored, were ar
raigned on the charge of violating the
market law. The charges were brought
by the Wilmington Produce Association.
Clal k is charged with selling in the Jersey
market on commission, while Cannon and
Berry are prosecuted for selling in
what is termed the peach market
on Fourth street between King and
Market, as bucksters. City Solicitor
Turner was present for the city and Harry
Sharpley, ESD, represented Clark, while
Cannon and Berry were without counsel.
The cases did not come to trial and were
adjourned until the first Monday in
August, in order TO give all sides an OPP
portunity TO learn the law.
Mr.. Turner said that the city ordinance
Of 1883 was operative except 80 far M il
was super seeded by the statute OF 1886.
The ordinance passed subsequent 10 the
statute provides merely for laying out
spaces in conformity with the statute.
The statute provides specifically for but
four markets., the farmers and truckers,
the fish dealers, the huoksters, and the
Jersey truckers. The former are allotted
space on King and Madison streets above
Second; the fish dealers are given space on
King and Madison streets below Second.
The hucksters are assigned 10 the south
side of Fourth street between King and
Walnut and the Jersey truckers on the
north side of Fourth street between King
and Walnut. The peach market has been
allowed to BIO established on Fourth
street between King and Market by
general consent. Whether il was de-
signed as market for hucksters or not in
matter that has been left to the deter
minntion of the courts il ever the ques-
ton arose. He was Of the opinion that
there is no penalty for the offences
charged in the warrantsngainst the peach
dealers. The men are there without any
authority of law, yet there is no penalty
provided for the offence. He thought
tho proper remedy would be to prosecute
for Obstructing the public highway.
Market Clerk Smeltz said the city ordi-
nances call for fruit, hay and grain mar
ket to extend along Fourth street from
King TO Orange. This section had been
used for these purposes ever since he had
been connected with the markets of the
city.
An opinion recently given to the Pro-
duce Association by II. O. Conrad, Esq.
held that hucksters from outside the State
could not sell in the Wilmington markets
at all.
Mr.. Sharpley made some remarks in
which it appeared that all articles of pro-
duce are being attacked. He said the
citizens will have to get an act passed to
allow them to buy produce. lie asked
Mr.. Turner whether by the Act of Assem-
bly, he really meant TO shut out these
people. Mr.. Turner remarked that he
didn't think the act would last longer
than the Legislature of 1887.
meanwhile you'll keep this crop ont,
will your" asked Mr.. Sharpley. and the
solicitor wreathed his face in smiles.
MIR. Sharpley said the statute gives
Council the right to establish other
markets upon the streets of the city, but
none of the penalties which apply to the
statute markets apply also to the markets
which Council has power to establish.
When the market law was framed the
hucksters were entirely forgotten in the
high light of the SINNERS and country
butchers, and no penalties were provided
for attractions of the law.
There does not seem TO be very clear
and well.deiined idea of what the law
governing the markets Of this c,ty really
is, and these prosecutions by the Produce
Association are likely TO do some good by
clearing up what now seems a very misty
subject.