Daily Republican., 1886-07-29
Our street Market.

The real statutes Of our street mar.
sets will perhaps never be determined
Until case is taken to Court and de-
,ided there. Nobody can particularly
Ioresee what that decision will be, as
strong arguments can be procured on
both sides, in which case the decision Is
as likely to be against all curbstone
markets as for them. We do not be-
lieve the masses OF the people OF Will
mtngton would like to have their street
markets abolished. They are great
and properly conducted
there Is no great objection to them by
the property holders and residents in
front OF whose properties they are
held.
Mr.. G. w. spicer, President OF the
Wilmington Produce Association In
his letter in the REPUBLICAN yester-
day set forth the objects and aims OF
that association. His statement Is
plain, candid, straightforward one,
and exceptions cannot be taken to it
except 80 far Is where the the Clerk OF
the Market is expected to execute the
market laws in accordance with the
decision OF H. G. Conrad, Esq, counsel
for the Association In preference to the
de cision Of the law officers OF the city.
Mr.. Spicer asks who shall decide
when doctors disagvee?" In this case
the decision is easily made. We have
as much confidence In the decision OF
Henry O. Conrad, Esq, as any member
Of the Produce Association, and his de
1 II kIA dAaf
law-indeed 1t looks as II 1t wss-eut
Mr.. Conrad is not the law officer OF the
city, and clearly Mr.. Smeltz has no
right to follow the directions OF any
other than the constituted legal authors
ties provided by the City Council. II.
C. Turner, Esq, is the City Solicitor,
and his construction OF the law and or
dinances must be followed by no. only
Mr.. Smeltz, but by oil other city offici-
ais, even ty the Mayor of the city.
The Wilmington Produce Associa-
ton could have as easily employed any
other counsel than Mr.. Conrad, whose
Judgment may not have been as sound,
| and Mr.. Spicer, for whom we have the
greatest respect, can as easily say that
Mr.. Smeltz refuses to be governed by
his decision. Mr.. Smeliz only has one
thing to do in his official line, and that
is to be governed by the decisions OF the
City Solicitor In the enforcement OF the
ordinances.
But there Is something more tina. can
be done by the Wilmington Prod uce
lAssoci alton. 1t cannot stop at the de-
cision Of Its counsel and say that shall
be law. There is higher Co1rt, and
all lawyers are advocates before tina,
Court. The Superior Court OF Delaware
meets In Wilmington four times year
in September, November, February and
May.
/ This court can decide the status o
the market, and to this court all citi
zens have the right to appeal. II The
Wilmington Produce Association Is ag
grieved at the action OF the city au
thorities and cannot get what they be
lieve to be justice In the lower courts
here Is their resort. We are rather In
clined to think that there are flaws II
the market ordinances, but neither Mr.
Smeltz nor the Wilmington Produce
Association can remedy those fswi
without an appeal to the courts, Mr.
Smellz through his law officer, the Cit,
Solicitor, and the Wilmington Produc
Association through Its law officer, Mr.
3 Conrad.
3 Mr.. Spicer, however, Is right In hi
opposition to nonresident citizens VIII
pay no taxes occupying our markets q
hucksters, to the detriment OF legiti
mate farmers and Truckers, for whom
o Jour street markets were established
q These nonresident hucksters, of course
must procure license, and without on
Q Mr.. Smeliz should drive them from tn
market, something viii h we believe h
9 has done to certain extent.
Il Evidently in these street market dis
&, agreements all parties must give an
u take considerable latitude, owing to til
uncertainty of the legal standing of tn
markets themselves. Were the Who'll
' matter brought before the Superio
/. Court for final decision, the stree
markets might have ito go" entirely
d and we are confident that this is nc
K what either the people or the Whining
i. ton Produce Association want.