Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-08-05
THE STREET MARKET LAW
AS BxPoUED ND aF OoUNssLLoR
OOkRsD.
The City MARKED senesiiOn-Opinton
Given by a. mry o.. Conrad Es,q.,
to tue Wiimineton Produce Pro-
teciiVo Ahspcimaton.


The Wilmington Produce Association
met last evening week in the third story of
tho Phillips building, Fourth and French
streets, for the purpose OF hearing Henry
O. Conrad, Esq., tho attorney for the as
sociation, explain the laws governing the
markets of Wilmington. Mr.. Conrad was
escorted TO the meeting by Warren Harper
and the other members Of the committee
having the enforcement of the Inv, and
was introduced by President Spicer.
There was good attendance Of commits
sion men. In addressing the meeting Mr..
Conrad referred TO the opinion recently
delivered to them by him, which embodied
the whole subject in as brief form as
possible. In the interim between the de-
livery Of that opinion and the present
meeting, .is said, prosecutions have been
brought. We have not succeeded, in any
great degree, as yet, in convicting any
body, but we are working up those who
are violating the law, at least. /
am inclined TO believe that good
many people ars niling ignorantly, and
therefore think that the discussion
OF this matter will relieve the market Of
many of these. Then tho law lis strong
enough TO convict those who persist iu
selling in its violation. We are acting
under two Glasses of laws. In 1883 a very
exhaustive market ordinance was passed
by City Council; il was fathered by Abner
p. Bailey. That continued good and
valid law until 1885, when market law
was passed by the Legislature. This Is
paramount TO and overcomes the ordi-
nance passed previous TO it. The law of
1885 is the one governing the markets now
almost exclusively. don't know who the
father of this law was. II was passed
without the knowledge Of Council. This
law provides for farmers and truckers
market, my idea of which is that it must
be occupied by farmers and truckers to
sell the produce Of their own land or the
land on which they are lessees or tenants.
Further than that / do not understand
that they are allowed TO go. Laying of
the ourbstone in spaces is provided for
only in the farmers and truckers market
and not in any other.
The Council is given by this statute of
'65 the power to establish and regulate
markets for other purposes. II can estab-
lish first market for hucksters who have
taken out retailers license and who re-
side within the limits Of the city Of Will
mington, and nobody else. Second, % curb
stone market for the use of persons living
in New Jersey and producing their own
market stuff which they may bring here
to sell. No one can sell there from Mary
land or Delaware. And third, curbstone
market for the sale of fresh fiRh. No
other curbstone market than provided in
this act of '65 shall exist in the city of
Wilmington, and the above are all IL pro-
vides for. The ordinance of 1883 pro-
vided for fruit and grain market and
designated where it should be held. But
this act says there shall be no other. This
means that that kind of produce must be
sold in some other than o curbstone mar
ket. This act is TO be deemed part of
the constitution or charter of the city of
Wilmington, consequently il limits the
power of Council in these matters TO the
markets named in the act. think this is
80 plain that anybody can understand it,
It seems to me that in any further
prosecutions we may undertake il
would DO best for us to 90
a little slow. It would be better
to find two or three guilty persons and
conyietthem than TO have many Intellectual
efforts. / agree with the city solicitor
that an action would lie against peach
dealers for obstruoting tho streets. No
market being warranted by law, these
parties would be technically guilty of OBJ
the streets. The clerk of the
market in consultation with me said he
had seen in the ordinances that fruit
and grain market is provided for.
showed him the law that made that ordi-
nance obsolete. l think tho city solicitor
agrees with this and has probably by this
time instructed the clerk TO that effect.
Mr.. Harper said Clerk Smeltz had col
lected his money from peach men that
day. In answer 10 numerous questions
Mr.. Conrad stated that it does not require
q license to sell in the Jersey market.
Since the passage of the act of '85 there
has been no designation by Council as 10
where these markets shall be located. The
location of the hucksters and the Jersey
market seems to be going by general con-
sent without any regulation of law. On
motion of Mr.. Harper, vote. of thanks
was extended Mr.. Conrad for his at
and explanation.
The committee having charge Of the
execution Of the law was authorized TO
employ detective to assist in working
up evidence.
1t was stated by one of the members
that the conductors and brakemen on the
Delaware railroad are in the practice of
buying eggs down the State, bringing
them to this city without paying freight,
and selling them at one cent advance per
dozen. The railroad managers do not
know this. One.third of the eggs that
are anll in Wilp,ixnnkn,, ao,,,a Il, fhaI x.yax,
They have no right to that without
license. He said the association was in
possession Of Che names of the railroad
men who do this business, but did not
wish to expose them. The secretary was
instructed tonotify Superintendent Garter
Of this contraband and clandestine bust
ness, in the belief that general order
against il would issue as a result. Il was
that this business has been car
ried ON ever since the Delaware railroad
4 4.