Waterbury evening Democrat., 1889-05-01
NEED OF CHARTER REVISION.
Another City Ordinance That Cannot Be Enforced-Itinerant Peddlers Not Obliged to Take Out a License.

Another City Ordinance That Cannot
 Be Enforced-Itinerant Peddlers
 Not Obliged to Take Out a License.
 The agitation started by the DEMO- GRAF in regard to the enforcement of the city ordinance requiring transient deal CTS in wares or merchandise to pay for the privilege of doing business in this city has caused quite stir in legal and police circles and brought out the fact that under the present conditions the law is dead letter.
 When approached upon the matter this morning Chief Egan declared that the non-enforcement of the ordinance was not because of the neglect of the police. A few years ago Judge Torrance in the superior court refused to enter tain a case brought under the ordinance. A New Haven party hired store room on North Main street and began selling rugs and lamps upon the installment plan, going from house to house. He refused to take out license and was ar rested and the penalty prescribed by the ordinance was imposed by the lower court. The fellow had evidently been there before, for he took an appeal and
 was promptly acquitted by the superior court. Since that time the police have allowed the transients to do their susl- ness without molestation, Prosecuting Attorney Burpee having refused to pros ecute under the provisions of the ordi- nance.
 The ordinance relative to transient traders and peddlers and vendors was passed by the court of common council July 13, 1880, to take the place of an or dinance passed some years before, which | was published in the DEMOCRAT some | days ago, and which was not thought hiplinr onn11nh tho of 1 the act of 1880 all persons not legal resi- dents of the town who desired to peddle goods from house to house, or to take orders for goods to ke delivered after wards, or to open a store for short period during holiday season, should pay license, the amount of the fee to 1 be determined by the mayor and city clerk. The penalty for violation of the 1 ordinance was fine of fifty dollars for 1 each otfense.
 1 The provisions of the ordinance are
 opinion that the trouble is with the city
 charter. The provision bearing upon l the matter is as follows.
 1 Sec 9. Said court shall have power
 to frame and maintain a body of stand ing ordinances regarding the subject.
 enumerated in the foregoing sections ol
 any of them, 10 be entitled the by.
 laws of said city, and to prescribe penal
 ties not exceeding one hundred dollars
 for any violation of the same, and tt prescribe the mode of enforcing sucl penalties, by action of debt, or by forth
 with process as in criminal cases.
 As the law stands the city must bring
 a civil suit for the collection of a fin,
 imposed under the ordinance, which en
 tirely destroys its effectiveness.
 Representative O'Neill has introduced
 a bill into the general assembly givins
 cities and towns power under the stat
 ute to enforce their license laws. If tn : bill is passed the prosecutions under tn , present ordinance will probably be crim inal, although it is possible that section
 twenty-five of the charter may also hay
 to be amended.
 :. In the meantime the home merchan ! will have to suffer from the invasions o ; the carpet bag tribe who find Waterbur , a great field for operations.
 Now and then a peddler more homes 2 than the rest applies to City Clerk Xii duff for license and small fee
 charged, but this is the exception rathe } than the rule