The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-07-06
THE LAW REGARDING PEDDLERs

City Attorney Young has addressed
the following letter to Mayor Weaver
regarding peddlers:
HON. EDGAR WEAVER, MAYOR,
City.
DEAR SIR According to the pub
lished report Of a recent meeting of
the Board of Trade the legal frater-
nifty of this city were censured by
some of the members of that body
because there is no ordinance of the
city prohibiting ''hawkers and ped
dlers" from plying their business with
in the city limits.
realize the fact that in many in
stances the ''peddler' is nuisance,
and yet, when legally followed his
business is legitimate one, and no
city in the state of Minnesota has the
legal right to prohibit him in the pur-
suit thereof. The charter OF the city
OF MankatO authorizes the council, by
ordinance, 70 license "hawkers and
peddlers.' Ordinance No. 81 of the
city. among other things makes pro-
vision for licensing ''peddlers." The
fee eXacted by the terms of this Or
dinance is three dollars per day.
which | do not deem an eXorbitant
fee by the day for limited time. You
will note, however, there is no pro-
vision in the ordinance for granting a
license except by the day, and three
dollars day for a year aggregates
nine hundred dollars, sum which
believe to be eXorbitant and
illegal. There should be provision
in the ordinance whereby the appli-
can't may apply for and receive a
license by the week; by the month,
and by the year at sums respectively
which. within the meaning OF the law,
are reasonable.
1t is not and never has been the
theory Of the law in this or any other
state to prohibit or restrict cOmpeti-
tiOn in business, and the only reason
why any state authorizes its munich
pal corporations to license "haWkerS
and pedlerS" is because it is presumed
it will require extra police vigilance
and, therefore, extra expense to watch
them, as well as extra labor and eX-
penSe in granting and issuing a license.
1t has been decided in this and in
other states, time and again, that no
license prOhibitOry in it's nature can
legally be imposed upon a lawful bust
ness. OF course an unlawful business
can not be licensed and should not be
tolerated.
AS to what isYa reasonable license
fee is debatable. ground. Some states
have upheld higher license fee than
others. One thing, however, is GER
tain, and our business men may as
well know it now as later, that
tho rio NV
of protection is to pass a
license ordinance which will stand
litigation and then strictly enforce it..
Any business man of the city may
complain for the violation of any ordi-
nance of the city, and if any person is
peddling goods within the limits OF
the city without license, any person
interested sufficiently to take the
trouble, may complain and have the
offender punished.
OF course it is possible to pass an
ordinance which, by it's terms, is pro-
hibitOry. Such an ordinance, how
ever, when tested in the courts would
be found to be illegal and void, and it
has never seemed to me wise policy
for our city government to pass ordi-
nances which it is known cannot be
enforced.
am ready and willing at any time
to amend our ordinance relative to
"hawkers and peddlers," or to make a
new one if instructed so to do by the
council.
Whatever | have in this letter said
relative to the license question, of
course does not apply to the granting
of licenses for the sale Of Intoxicating
liquors.
Hoping this will be satisfactory, |
remain,
Yours,
w. E YOUNG,
(litV A ttOrDoU