Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-09-10

Wug'pt@ts uun Nllcu-buIn4uk ulu thH iAn-
prisonment Of commercial travellers for
license or occupation.tax had passed, but
Ii has been left for Cape Girardenu, Mo,
to distinguish herself by reyiving the lat
ter barbarity, and all because her mayor
Is in the gents furnishing goods line"
The young man imprisoned was Mr.
Samuel Buckalcw. who represents the
Buckley Custom Shirt company Of st.
Louis. and his arrest and Incarceration
arr described 10 follows by one Of the
Cape Girurdeau papers
ARRESTED.
Yesterday evening Mr., Buckalew,
representing the Buckley Custom Manu-
featuring Shirt company was seized by
two policemen and hurried to jail. lie
| was arrested for the oifrnse Of taking
| orders for shirts. in an alleged violation
| of II license ordinance Of the city. lie Is
/ a drummer, or more technically speaking.
| u travelling salesman. u quiet, gcntlemnnly
| young man, of pleasing appearance and
| engaging manners. He is evidently u
/ gentleman and. no doubt, felt uncOm-
! Portable last night vt the difference be-
tween lodging at the st. Charles and That
| uf the cnlnboOse. the tiltlipst hole in
Southern Missouri. Mr.. Buckalew, soon
after being thrust into prison. was brought
| before the recorder and pleaded thai he
! was not guilty as to fact aud was re-
| minded TO jail for seventeen days Buck
| alcw Is popular among his fellow drum
mers ON the road, aud his prison life will
wear heavily on him, for the hole he is in
| Is n lousy, hlthy, Gas hole. tit for only a
| wild beast. The question arises by his
| arrest whether the city can tax travel
ing statesmen and II Will likely he tested
| Mr. BucknleW dil not call upon the
| r, l.. a Of A. 10 assist him In his trouble,
| being Of nu independent disposition
| though he Is . ale'nber In good standing
OF thc Arkansas division. lie was re-.
leased In three or four days after his in
! carccratipu, paying q fine under protest,
aud has already retained an attorney 10
bring suit against Cape Grarleau for
false imprisonment
Whom his ease was fret presented to
the national president of the n l.. 4 Of
A. at 81. Louis, there was a doubt as Ia
his eligibility ~ Il members Of the nssOclu-
ton, because his house sold direct to
consumers by taking orders and meas sure
mcnts for shirts, mnking them M aud
shipping them out, but under the eligibili-
~ clause OF the constitution article III,
section !, reading:
ANY white male person Of good moral
character, between the ages OF Is aud &C
years, engaged az a commercial Traveller
or buyer or seller for Wholesale or com
mission houses or manufacturers, &.
eligible to membership In he associa
tom
This clause plainly makes Mr.. Bncc
alcw eligible. and especially is that the
case whom his house which COMES under
thu head Of manufacturers, frequently
sells ut Wholesale 10 dealers.
IL was also considered by the nntiona
president that, taking ORDERS from con
sumefH, though not 10 b. delivered uu'i
manufactured might possible make ,
solicitor liable under the prddler's licensi
ordnance hut the law IS plain aud IN
, contruycrtiblc ON this point
| MIN kNill lsa lNtI ltal.,ra
national directors az their next meet
ing, with Recommendation
7 10 buck MIR, Buckalew MP IN nt.hin,
y his ease against the city of Cape Girar
= dcau for damages,
l The city of Cape Girardeau is good
! entcrprlsing town and has importan
V manufacturing and snmO lOhbing inter
: eats. and many are surprised that
9 should take such harsh aud petty poa
lion toward commercial travellers WIS
4 ehe herself scnds out rumbcr Of ira,
;. eleIs who do not by pny mans coniin
Q their sales TO dealers.
: IL appears TO be a case OF pruterfin
y the mayors ntprcsts, he being 4 lealr
u u gents furnishing goods, ut ihe sncr
; tee OF the intcrBts of tho town. whit,
y VIII now he endangered by suit f.
|, damages unless repnratiOn and apologize
!, are offered and accepted by Mr. Buck.
q lew The law In the ease, which has hoe
u carefully run down" by Edmond A. /
y uarri'hc, one OF tue most competnr
q attorneys in Missouri, IL as follows:
u -. louis, Me, Aug, 2t.--Sanauc 4
y Buckalew, Esq., Sir. The 0uestio
y snNmltod to me far my opinion 9
~ What constitutes Il peddlor within M
= meaning cf the statute of Missouri. r,
+ curing peddlcr's 10 take ont licensesf
p As 4 understand your statement to N
YOU were cngdged IN the city Of Caf
q Girardsan, IN soliciting orders for shirl
y ana dliifrent articles OF gents furAisii!u
~ wear. and IN taking n,aakuremAnts widr
a orders, when obtained. were subsequent
y forwarded with the necessary nleaspr
u ments 10 Your house In st. .odis thci
!, 20 be filled, aud the goods shipped TO Il
= persons from whom YOU obtained n
v orders, This. US l understand you, W,
all that yun were doing when YOU VIZ
~ arrested, tried and convicted FOR a r
~ tpsu 10 take cut a pcldler's licens
y Under this state of facts your arm
- and conviction were clearly without wa
OF lsnt OF law, and ihis Is apparent upc
y tue very face of the matter when "
u stop 10 consider the proper definition
re what constitutes peddler. "a peddl
Is person who travels about the com
&c try with merchandise for the putpnse
. sellirE it-tAnl; and Eng. Enc OF Ia,
&c vol. Q, page 300
c, :, This dehniton. Is substantially that
- hAnyiers law dictionary, vol. >. p. 81
x While Webster's definition "a, "a tray,
=. ms trader" 'One who carries am,
rs commodities upon his back or IN On
&c or wagon and sells them These dc
or millions accord substantially with q
IL. statutes Whoever shall deal In the ;,
es ing Of goods, wares and merchandise
X, going from place 10 place To scli 4
SAME Is declared so be peddlcr"-i
GO s, 1882. See. Taii)
gu In other words they clearly comic,
at plate that a pcddler is one who goes irc
sst place 70 place, carrying the goods viii
ay he ls TO sell. aud delivering them q,
temporaueous with the making Of /
ipt sale; On the other hand, however
PSI 'solictor or agent OF mercantile ,
lily tnhishment soliciting orders tor zoo
10 kvpt for sale BY IL Ia int a peddleI
g" y. SOSl
~ Nor Il one who soos about villa
ire soliciting orders for nonrrsideni IN
al even though he subsequently, engaged
the jelevcfy Of these ORDERS aftcr N
al me takcn'-lN Village " CorrO Cor,lo
Ter klNlnes, Is NJ +. Ron zCO0, -