The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-08-03
TO FIGHT THE TAX.
Ice Cream, Milk and Other Wagons
to Pay Ten Dollars.
THE CITY TAX DEPARTMENT


Desires 80 Collect That Amount BUT
the Owners WIN Tax e Their Case 90
the Courts.
The legality OF the city councils last
license ordinance is a question that will
soon be submitted to the district court
The enemies of the ordinance who are
chiefly those affected by its provision,
contend that it is void; and their lawyers
who are preparing to contest il are able
to prove its Illegally at least to their own
satisfaction.
The license collector, who is Charles
Vanderpool, has been trying TO collect
$40 from each ice wagon, milk wagon
ice cream wagon and oil wagon In the
city, under section 3 OF the ordinance
which reads: sPeddlers of articles not
otherwise mentioned in this ordinance,
81 per week, So per month OF $1O per
year; provided, nothing herein shall re-
qulre the payment Of license tax BY
parties peddling grains. fruits, vegeta-
bles or meats of their own production"
For refusing TO comply with this sec
ton of the ordinance Vanderpool has
had Agent Stewart of the Standard Oh
company arrested in the police court, and
has been trying to collect the $40 for
each wagon from Baughman, Scott Bros
and other ice cream dealers, as Well as
the milk men and ice men.
Ex-City Attorney w. A. 8. Bird con-
tends that the whole ordinance is illegal;
that not only section 3, but the clauses
relating to slot machines and insurance
agents are illegal.
He says: "rhe principal fault with the
ordinance on which ics opponents can
base their claim of Illegally is that the
city council cannot delegate its authority.
1t leaves it discretionary with License
Collector Vanderpool who is a peddler
a.. in
Of the laws against peddlers to
collect a license from people who
carry packs and who pay no other tax.
But the Standard Oil company and the
ice cream men and ice men all pay taxes,
and il is a question whether or not they
can be taxed twice for the same prop
erty. In case from the Iowa Supreme
court. that of the city of State enter
against Bernstein. it was decided that
they could not
Il claim that the milk men and oil
men are not peddlers. Vanderpool to the
peddle but have their regular customers
and deliver their goods just as a grocery
wagon does We claim also that the ice
dealers and ice cream men peddle arti-
cIes of their own production. aud it is
unjust and class legislation to say that
peddlers of fruit and meat of their own
production shall not be licensed, while
peddlers Of ice cream Of their own pro
ductiOn shall pay a license.
Another phase of the the matter is
who is the peddler5 Is Baughman the
peddIer or the drivers of his e.ght or ten
wagons? If Baughuian is the peddler
he is willing to pay the SO. but here is
another case of delegated power. Van
derpoOl says he must pay $40 for each
wagon, and the same with each ice
wagon, milk wagon and oil wagon.
Baughman is willing to pay $40, but OBJ
jects to paying $50 or 500
''The ordinance proposes to tax each
insurance company operating a Topeka,
except the Kansas NJ utual Life and the
Shawnee Fire. The spirit of the ordi-
nance is very nice to protect home indus
tries, but l claim it is illegal to tax one
company and not another / agree with
Judge Ensminger and l think every law
yer in town does, when he says the clause
relating to slot machines is invalid. For
these reasons and others we propose to
prove in the district court that the pres
ent license ordinance is not only invalid
in parts, but SO from top to bottom"
Mr.. Bird has been engaged by both
Baughman and Stewart'tO test the validi-
ty of the ordinance. and j. II. Collier is
taking charge of the interests of Scott
Brothers 1t is likely that all the cases
viii be united in one big test case that
will settle the matter