Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-07-22
NEWS OF LOCAL INTEREST
wIR TO NE MADE ON rHE JERSEY
ThUfREHS
The 9treef Narseas--a an sOpiBiOn by
~. q. Conrad. Esq. rhnt sIeans
War ON Jersey Truckers.

Nltr On Jersey Nruckerss
The Wilmington Prodnee Protective
Association held an Important and largely
attended meeting last night week 10 hear
the report OF the committee appointed TO
investigate the rights of various people
TO sell in the street markets. The com.
mittee waited upon H. O. Conrad, ESQ
and secured the following opinion from
him:
To Ae Wilmington Produce Association
GENTLEMEN; | respectfully submit the fol-
lowing opinion upon the general features
Of the market laws, as enacted by the
General Assembly OF the State and the ordii-
nnnees Of the city OF Wilmington:
The State laws provide that every indi-
vidual, association Of persons, firm or cor
poration engaged In, and desiring to CON
tinue engaged I'm, the business Of purchas-
ing and selling produce, goods, wares and
merchandise, or any property OF whatever
description, either by wholesale or retail,
shall annually, on or before the first OF
June, take out n license 10 engage in, pros
ecute, follow and carry on the said busl-
ness, for which he, she, or they shall pay to
the clerk OF the peace the sum Of So.
The party applying for license shall file
sworn statement With the clerk OF the
pence, showing the cost value of the p'o-
duce or other property which said party
shall have purchased for sale In said busi-
ness during the preceding year. II the ag-
gregate amount purchased during the pre-
ceding year does not exceed 81 900 the marty
shall pay 81 In addition to the 50, or II he
does exceed 81 900, then the sum OF 10 cents
for each 300 OF the value OF the purchases
above 81 900
The license shall authorize the purchas-
Ing and selling Of produce, &c, &C., only
at one place, and only one year from the
LIST Of June.
A failure to procure license Is punish
able by fine not exceeding $500.
This provision extends to all parties who
wholesale or retail any property OF whatso-
ever description, with the exception Of sin
gle or married women, who are trading in
their own names and whose purchases are
under II 900 per annum. This class Of per-
are also persons selling or peddling grain,
provender or fruit grown, prepared
or raised In this State or upon the
land OF the person offering the same for
sale.
An act passed by the General Assembly,
April 18th, 1885, gives authority. to the
Council of Wilmington to establish and
regulate the four following public curbstone
markets, and no others:
First. A farmers and Truckers market,
(authorized by Council to be hold on King
street, from Second to Ninth streets, and on
Madison streets, from Second to Sixth
streets,) to be used exclusively by farmers
and truckers exclusively for the sale OF
fruits, vegetables, fowls, aud other farm
products, and meats raised or fed on land
occupied bysuch farmers or truckers, either
as owners, lessees or farmers upon the share,
Second. A curbstone market for huck-
sters, to he occupied solely by persons re-
siding In the city n Wilmington who have
taken out n retailers license for selling
nd ha fpr
pose OF huckstering, and none others. (The
ordinance OF Council, pessed January 9th,
1893, more than two years before the mar
ket law, provides for a hucksters' market
on the southeriy side OF Fourth street be-
tween King and Walnut streets.)
Third. A curn-stone market to be used
exclusively for the sale OF products brought
from the state OF New Jersey by the pro-
ducers OF such products only. The ordi-
nance OF Council, passed January 9Th, 1883,
provides that this market shall he held on
the northeIly side Of Fourth street. between
King and Walnut streets; and the market
provided by ordinance Of Council Of August
30th, 1888, to be held at the wharf at the
corner OF Front and Church streets would
seem to he combination Of the hncksters
and New Jersey markets.
Fourth. A curbstone market for the sale
Of fresh fish. The act provides that snid
markets shall be Kept separate and distinct
from each other.
As the ordinances OF Council regulating
the markets were passed priortothe market
lawof April 18th, 1885, 1t Ia doubtful whether
the locations of the hucksters and New
Jersey markets, as nj present held, are
established according to law,
From the foregoing statement OF the exist
ing laws and regulations affecting the pIbllc
curbstone markets, ] am of tho opinion that
all hucksters must be residents Of Whining
ton, and must take out yearly license as
retailers for tho purpose OF huekstering.
None others arc legallyallowed In the hnck-
stering markets. Farmers In the King and
Madison street markets, and New Jersey
dealers, where thoy dispose OF tho products
OF their own lands, or where the same Is
grown in this state, do onothavet to he licensed.
As tho market law limits the public
curhstone markets to the four kinds or
classes herein enumerated, the sale OF fruits,
peaches, grain, &C., must be confined within
the limits of the law, and the market law
OF April 18th, 1885. renders obsolete and
of non-effnet tho whole market ordinance of
January 9th, 1888, so far rs the same pro-
vides for fruit and grain market,
II / have not made myself sufficiently
plain, l will be glad to have the opportunity
Of explaining more fully by word OF mouth
to your whole body or committee Of the
same. Yours, respectfully,
WrLMINGToN, DEL, July 14th, 1886.
The association purposes acting with
ont delay. 1t decided that evening to
prosecute all who sell Illegally. The prin
cipaI aim at present is at hucksters who
come over from New Jersey with truck
and locate upon the north side of Fourth
street between King and Walnut This
market is specially provided for Jersey
men who raise their own truck, but it is
held that no huckster can sell in it. A
A committee of the association con-
suited counsel in order to ascertain how
to proceed, and they say that the first
huckster who puts down his goods on the
forbidden ground will be prosecuted, and
that this will be kept up until the law
ceases to be violated.