The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-05
A PICNIC FOR PEDDLERS
no LICENSE CAN BE CHARGED
MEN FROM OTHER STATES.

The srpreme Court of Georgia De-
clares Them Protected by the Inter
state Commerce Clause-Northern
Born Res.d ents OF Atlanta Organize
4 Club-Womea Convicts Petition
For Whipping Boss at Their Camp.
ATLANTA, Ga, April 4-In reversing
,be Judgment in the case of the Wrought
Iron stove Company vs.. Johnson, ordinary
of Floyd county, the supreme court to-day
rendered a decision of startling importance
the full consequences of which cannot be
foreseen. Under the interstate commerce
cause Of the federal constitution, the court
declares. NONRESIDENT peddlers in the service
Of foreign employers are exempt from a
license tax III Georgia, 1t makes no differ
ence whether state or municipal. Drum
mers. sewing machine agents. book agents,
lightning rod agents, or agents of any kind
whatever. so long as they travel and sell by
sample. are included under the code in the
definition of peddler.
EFFECT ON THE STATES REVENUES.
Ii will, therefore, be seen that the deci-
sion will materially affect the revenues OF
the state and of such cities as imposed tax
on travelling statesmen; also that local sales
men and houses being subject. and foreign
houses and statesmen being exempt, home
industries are placed at disadvantage.
The facts and decision in the Floyd county
case are briefly as follows: The ordinary
proceeded against the stove company
and man named Lee, who is an
agent of the company, with view
TO collecting the penalty for the failure Of
the latter to take out a license. Lee and his
company filed bill for injunction, which
was denied. The case was appealed and
the supreme court holds:
/. Only the person who itineraries for
trading purposes is a peddler. His EN-
ployer, though owning the goods, team and
vehicle, is not required to obtain a license
nor subject to any penalty or forfeiture for
failing TO do SO.
2. One whose vocation is to go from place
to place with a sample stove carried upon a
wagon, exhibit the sample and procure
orders which mis- employer afterward fills by
delivering through other agents of The
stoves SO ordered is a peddler within the
meaning of the code of Georgia. but though
a peddler, if he Is citizen and resident of
Virginia, and the orders he solicits
and procures are for stoves belonging TO q
Missouri corporation, which the latter
holds in Missouri and keeps there until they
are thus ordered, he is protected by the con-
stitution of the United States, as lately
construed by the supreme court, against the
provisions of the code requiring license to
peddle and declaring forfeiture for not
procuring such license.
WOMEN CoNVICTs WANT A WHIPPING BOSS.
The prisoners at the newly established
female convict camp at Bolton have been
given a whipping boss at their earnest
request, as expressed to the lessees, who
applied to the governor. The women
declare that they can't get along with each
other without the aid of the lash. Since
their separation from the male convict
! camp they have been making the expert
ment, but find it failure.
JAILED IN DEFAULT OF BOND.
Nelson d. Martin, she negro mail carrier
VINO quickly followed his appointment by
Postmaster Lewis by getting hold of several
registered letters, was committed TO Jail to-
day in default of a bond for 81 coo.
NoRTHERNERs TO HAVE A CLUB.
A hundred northern born citizens met at
preliminary steps for the organization Of
a northern society. The object of the club
as set forth in resolutions adopted are to
have headquarters where the members of
the club can meet and invite their friends.
Aside from the social results, the organization
VIII speak volumes to friends IN the north
in regard TO life in Georgia and the south,
and viii do more toward emphasizing
our freedom and happiness than all our
efforts as individuals could accomplish
The numerical strength will prove to scat
tered friends all over the union that there
are unrivaled advantages in living in the
empire state of the south. A committee
was appointed to draw up a constitution
and bylaws, and the meeting adjourned
for one week. Great enthusiasm was shown
by all the northern men, and they con-
fidently expect to do a great work for the
south.
NO PROHIBITION ELECTION.
The prohibitionlsts at a mass meeting
tonight determined to hold no election this
year, but instead to put forward Rev.
Samuel Small for the legislature He is
absent but will make the race and
Champion an amendment to the
local option law, including the
dispensary feature, and amendments
to the registration act making illegal regis
tering as well as illegal voting misde-
meanor. The agreement between prominent
prohibitionists and ants signed in 1883 to
use their influence against another liquor
election till 1891 was read at the meeting by
the president of the 1890 club, and NAV
have influenced the poStponement