The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-09-13
VICTORY FOR THE PEppLERs.

Judge Glasgow HoIds the Ordinance
Governing Them To BE Invalid.
The peddling ordinance has been de-
ciared invalid by Judge Glasgow of the
municipal court, and the fruit and yege-
table peddlers of the city are in high
feather. The judges decision yesterday
was rendered in the cases of Charles
Robbins and Joe Pincus, arrested for
violating the ordinance, practically at their
own request in order that the cases
against them might be used to test the
validity of the city councils act.
The ordinance prohibits the peddling of
all except certain articles. viz, milk. ice.
bread and newspapers within the business
portions of the city. The peddlers claimed
that it was invalid as it infringed their
rights rs citizens and Disseminated against
them in favor of the commission mer-
chants. by whom. SO the peddlers insisted.
the passage of the ordinance was procured.
The commission merchants side of the
story was that the ordinance only pro-
tected them from the competition of deal
ers who resided out of the city and who
paid nothing to support the city govern
ment in the way of taxes. 1t was on this
line that the cases were argued some
weeks ago when they were taken under
advisement by Judge Glasgow.
The material part of the judges decis-
ion was the same in the two cases, al
though in the case of Robbins a regular
trial was had and in Pincus' case the de-
cision was on a demurrer to the COM
plant. After stating the facts in both
cases the judge says that the defendants
are discharged, 'sfor the reason that, in
the opinion of the court, section 9 Of ordi-
nance No. 1872 (the peddling ordinance),
under which these charges are brought. is
null and void, for the following reasons,
to-wit:
Because the provisions of said section
are foreign to the object set forth in title
and explained by the preamble of said
ordinance. and hence in violation of sec
ton IL, article 4. of the city charter.
Because the right TO sell the products
of ones labor without unreasonable and
unnecessary interference and restraint is
property right, the deprivation of watch,
without due process of law. Is in violation
OF constitutional guarantee; and that the
provisions OF this section of the ordinance
IN question, in depriying the farmer or
producer OF the right to sell at retail the
products of his labor on any street, alley
or public ground of the city within boun-
Na1ics NulCu inCiuuc aiuiosb tic cutttc
business district OF the city, is unreason-
able and unnecessary.
Because privileges and immunities' are
In said section granted TO those who sell
milk, ice, bread and newspapers. which
upon the same terms do not belong to
those who sell any other commodity. and
with good reason, all of which is contrary
to article l, section Il, OF the constitution
of the state of Washington"
This will probably be the end of the
case, as the city attorney expressed him.
self as of the opinion that no appeal can
be taken, according 20 q recent ruling of
Judge Humes, of the superior court, to
which court only an appeal would lie.
And this also prevents the review of the
case by a writ of certiorari directed to
Judge GLASGOW. Several peddlers have
entered pleas of guilty and paid small
fines, and others have been released with
out complaints being filed against them,
pending the decision OF these test cases.