Sacramento daily record-union., 1889-09-28


Indeed, Goldsmith was right, "Just ex
perience tells, in every SOIL"
THE COMPLAINT OF THE GRoCERs,
The trade papers, representing the inter
est Of the grocers especially, have entered
vigorous crusade against the grocery
peddling business, and we are inclined to
believe that their cause is well fortified; it
is, at least, worthy of the careful thought
of the people and of legislators. The ar
gument of the representatives of the retail
grocers is something of this order, "we ad-
yertise in the local press and contribute to
its support; we contribute to the maintain
ence of local government; we assist in all
worthy local schemes of progress and i'm
provement; we pay all general taxes, and
in addition we pay special license for the
privilege of doing business in town or
city; we are liable to special taxes and
levies and we respond in larger degree to
the calls of charity than any one dreams
Of Here now comes peddler of grocer
les, tea, or coffee, or baking powders, or
soaps, or prepared food, etc, and represent
ing manufacturers directly. These fellows
enter our area; they lead many grocers to
believe that they are only stimulating
demand; but in fact they sell against US;
they neither advertise nor pay taxes or
license; the second they are not liable for, the
latter they avoid by the claim of agency
We claim, therefore, that there should be
imposed upon these men high license,
that will place US at fair competitive ad-
vantage with them, and make them SO far
contribute to the public support that our
own burdens will be proportionately light
ened." And that there is strength in this
argument can scarcely be denied. An in
teresting case was recently tried in Ala
bama that involved this agency business.
1t was an action by manufacturing COM
pany brought to recover $50 paid by one of
the plaintiffs agents for license to sell an
article. The facts showed that the plain
if was manufacturer in another State,
having agents employed at monthly salar-
les to sell the article in Alabama. One of
these agents commenced making sales at
Birmingham. He sold local merchant
five boxes at So box, under the express
agreement with the merchant that he
would deliver him four boxes and would
himself sell to local customers the remain
ing box at the merchants regular retail
price, viz: at the rate of SIS per box, which
sum of S. he would deduct from the
merchants bill. The agents purpose in
this course of conduct was to introduce
and advertise the article, and neither the
plaintiff nor the agent derived any direct
profit from the sale to consumers, "as the
price paid by the merchant for FIVE boxes,
to wit: So "a per box, was the regular
wholesale price under all circumstances"
The box of the article was sold at retail by
the agent along the streets out of wagon
hired for the purpose by the plaintiff. The
question before the Court was whether by
the revenue law of the State the plaintiff
was required to take out a license as a
peddler. The Court held that the selling
at retail to consumers on the street in
wagon, if there was nothing else in the
transaction to give it a different aspect,
constituted the seller peddler within the
meaning of the code. The fact that he
acted as the agent for another did not re-
lieve him. 1t is no defense, said the
Court. for carrying on business without
license that the defendant acts as the agent
of another if his principal had not taken
out the license.
This case illustrates phase of business
that is bitterly complained of by many
grocers. That is, that the mauufacturer's
agent comes into place and sells lot to
grocer, and upon the condition that he
may take back one package at the retail
price, and that he shall have the privilege
to retail its contents among the grocer's
customers in order to create a demand for
the article. It is claimed that this is an
illegitimate method according to business
laws, and that it results in stocking the
shelves with goods that do no pass through
the wholesalers hands and for which the
demand is never adequate, and that it
places the manufacturer who adyertises
1aoi oitip,afnlu at n oJyo,tooro IUL;lo -
must be admitted that this is little OBJ
scure to one not in the trade, still it is the
complaint of reputable grocers, and, as
such, is worthy of statement. OF course.
the retail grocers have something of
remedy in their own hands-that is, not
to buy any brand of goods that is peddled in
their sections by the manufacturers agent,
so-called. But the reply to this is that
a vast amount of stuff is worked off upon
the public by the "peddler-agent" that
does not appear in the wholesale trade at
all. Nevertheless we are aware that there
are many kinds of goods Of reputable
brand that are sold through the agency of
the peddlers representing the manufacturer
in the guise of an agent, and as to all
these the grocers may well combine and
refuse to handle the goods of houses that
adopt the peddler plan, while the public
will scarcely object to reasonably heavy
license being levied upon the "agents" re-
ferred to for peddiing.
A NEW ruling under the libel law has