The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1890-09-11
NULL AND VOID.
Mayor Blak on th Huckst r Ordl.
nanc
A Decision Which Has been Awaited
With Much Interest by oitizsna and
Tax Payers.
II Ia null and void,
So says Mayor Blake Of tho hueksler or

Itlsnull and void,
SO says Mayor Blake Of the huckster or
dlnanoe.
A case which has attracted much aiten
ton disposed OF, This morning at0 o'clock
the court room In the City hall was crowd
cd 10 hear His Honor'a decision In the case
styled "the City OF Canton against W, II,
llohinson.n The defendant sold fish with
out license aud was arrested, lie epleaded
not guilty, and by his attorney, j. NJ
Myers, made motion 10 quaah the pro-
ceedlng. The decision la as folllowai
"Thla 10 a proceeding under an ordinance
passed July 2lai, 1890 to provide for llcens'
Ing peddera aud huckatera, The defend
ant has lnterpohed motion 10 quaah the
proceedings upon the ground, that the
ordinance IL invalid. Numerous reasons
have been urged upon the court In sup
port Of this view. II seems necessary TO
notice but one OF the alleged defects, ID
that In our opinion will dispose OF the
case.
This ordinance was passed under cover
Of the authority conferred on the city
by Section 2700, Revised Statutes
AZ amended March 2s, 1850, which ID
quoted. Assuming that this section gives
to the city power to pass an ordinance
vestlng In the Mayor discretionary power
40 to the amount within certain limita,
which he may charge for licenses to ped.
tllera aud huckatera, the question arises In
the ordinance In question a reasonable
and impartial exercise OF thatpower. For
II Ia elementary law that municipalities
have only such powers az are expressly
conferred upon them by law, and the same
can only be exercised In such manner
40 to be reasonable and uniform In opera
tlon. An ordinance may not discriminate
In favor OF some and against others, who
are brought within its provisions. Sec.
tlona 4 and OF the ordinance are then
quoted.
The Mayor 10 given n discretion In
licensing the flrai.olaaa from fifteen 10
fifty dollars year, In the second from
ten TO twenty-five dollars year, The
amount for less perloda than year Ii not
ntated, and Indeed II might we'll be urged,
that under this ordinance the Mayor ID
given power In his discretion 10 exact diff.
ferent sums for license 10 peddlora OF
the same class for the same length OF
time. II 10 provided that tho Mayor IN
his discretion may Issue licenses 70 ped
dlera and huckaiera OF the second class
whom ho may deem worthy, and who may
be unable 10 pay therefore, free OF charge.
In other words, the Mayor may charge
one peddler or huckAter license FEC OF
S2b, 10 another he makes no charge,
deemIng him more "worthyn and less
able 10 pay. Nothing IL said aa TO what
he shall mako one peddlor or huckater
"worthyn OF such discrimination In Ills
favor.
II IL left TO the arbitrary determination
OF the mayor In each particular case, We
do not think such power was intended 10
bo or IL granted by the legislative act In
question. The power, at most, which the
mayor may exercise II that OF tho council
In granting such license 70 exact and ro'
colyo such sums OF money ~ he may
think reasonable or not 70 grant license
10 one for S25, and 10 confer the privilege
grAtlg 10 another.
II Ia urged that this applIos only TO pod
dlera and huckstors OF the second class,
and does not prevent the enforcemont OF
the ordinance against the defendant and
others OF the first clasa. II 10 true thatan
ordinance may bo good In ono part and
bad In another part where the parts are
not connected and separate matters arc
provided for.
The purpose OF this ordinance Ia TO pro
vide FOR licensing pedlors and huokstori
In general. True thoy are divided into
classes, but the purpose OF the ordinance
IL single, 10 provide a scheme Tor license
OF the trades named,
We think, therefore, that the ordinance
must fail because OF this discrimination
and the attempt 10 enlarge the powers OF
tho mayor beyond those conferred by law
without passing upon the other objections
10 the ordinance, the motion will bo sus
tained for the reasons stated.