The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-05
AND RECORDER DIFFER.
A LEGAL COMPLICATION II THE
FISH DEALERS CASES.

Against the Fish Men and the
Mayor Reinstatcs the Gases nnH
VIII Hear Them HimseIf-The Dif-
ference In the Construction of the
Law Regulating Taxes.
The cases against the fish dealers. who
were charged with doing business without
a city license were dismissed yesterday
morning by Recorder Wilson. on the
ground that those dealers doing business
from market stands only are not required
10 pay the special tax Of $50. as II has
not been the custom OF the city TO collect
specific taxes from dealers doing business
in the market only.
y. Aprea, who admitted that he did a
fish business outside the market. was fined
so, which viii be RENTED when he pays
the specific tax. which he stated his inten-
Sion Of doing The action OF the recorder
has raised a very interesting question as
70 dealers doing business in the market.
Mayor Myers and City Marshal Power
oiHer very materially with the recorder
on this question. 80 FAR as 10 relates 10
the nsh dealers, and by instructions of the
mayor the marshal placed the FISH dealers
OF the docket again yesterday afternoon.
me cases Will come up for a hearing Tues
Jay, when Mayor Myers viii pass upon
the cases, and IL is very safe to say that
given by Recorder Wilson
The latter was seen by a Morning News
reporter and asked for statement of
sons which led TO '' his decision.
The evidence for the city" he said.
showed thay these parties sell fish al
sta!ls ~ the city market, for which they
each pay a rental OF s. per week. The
CITY does not allow them cold storage room
N the market consequently they are COM
PEELED TO have places TO keep ice boxes
10 preserve the fish fresh. This they do in
houses opening on Bay street lane. IL
Was attempted TO be shown by the city
lhat they sold from the houses in the lane.
me only evidence in this direction was
that of the deputy marshall who said he
nad seen packages being expressed from
their. There was no denial of this on
the part Of the fish dealers but they ex-
planned that the packages sent by eX-
press was only such surplus fish as they
mad from time to time, and which they
shipped north on consignment to prevent
a total loss. The evidence of Messrs. Sui
Ivan and others, some Of them city Wit
nesses, confirmed this construction of the
1ish dealers. who showed that they had
not made any sales except from their
stalls in the market.
THE city" said the recorder. claimed
that they are liable under that section
OF the tax ordinance which imposes a taN
OF $50 on every fish and oyster dealer.
Inc dealers reply to this by showing that
no person in any line Of business con-
Quoted in the market has ever been re-
CURED 10 pay specific tax and that
HAtlt AliH DlONlSlon mas Defn IN all the
tax ordinances for years, IL is the first
time that fish dealers in the market have
been called upon to pay the tax IL WIS
shown that IL is not the intention now to
make any of the other dealers in the
market pay any specific tax. 1t would
seem from the construction that has ar
ways been placed upon this provision OF
the tax ordnance and the provisions COW
ering other business that they are in
tended to cover dealers who 10 busf-
market
"Aprea." said the recorder was fined
because II was shown that he did business
practically agreed upon, and IL was sim
ply a matter Of how the tax ordinance
has been heretofore construed and how
the city now intends to construe IL.
1t seemed right that if all the other
dealers are 10 be exempt from SPECIFIC
tax upon payment of stall rent that fish
dealers IN the market should enjoy the
According to the statement of the case
by Marshal Power and Deputy Marshal
Kelly the recorder is laboring under a
case.
:. The fish dealers have always paid the
license heretofore said Mr. Kelly II
collected the license from them last year
under execution. Up to 1899 the license
Tor hsh and oyster dealers was $50 a
year: The tax ordinance of 1892 increased
the license TO $40 and that of 1898 Increased
II to $50 The fish dealers have endeav-
ored 10 avoid paying the license, and for
me last TWO years II was collected by eX-
ecution. The fact that they did business
IN the market made no difference"
The fact that no specific taxes are
corrected from butchers and vegetable
dealers doing business in the market had
no bearing on this case, so far as / was
concerned said Marshal Power THE
nsh dealers made an appeal to the old
council before the budget for this wear
was made up to be relieved of the spe-
clflc tax. The council declined 10 give
them any relief and left the tax at the
same I1ne ngure as Tor the previous year.
" hen the present council came into office
the nsh dealers renewed their petition
and the matter was referred to the finance
committee. The finance committees de-
cided that the market fish dealers We're
liable Tor the tax and the city treasurer
was instructed to collect ii. As the deal
ers did not pay the tax, executions We're
paced IN my hands by the city treasurer
Tor collection, and | then instructed the
deputy marshal to put the cases on the
information docket as the first step.
The recorder seems to have proceeded
under the idea that the dealers are not
liable for the tax unless it can be shown
that they also do a business outside of
the market. The ordinance makes no
distinction as to dealers doing business
In the market. 1t is only necessary to
show that they are doing a business of
this character, in the market or anywhere
else, to make them liable for the tax.
The stall rent paid by them in the mar
ket is merely rent and nothing more"
How is it, then, that green grocers
doing business in the market are not re-
quired 10 pay the specific tax for that line
of business2" the marshal was asked
Il am not prepared TO give a positive
answer TO that question" he replied, but
my understanding is that on account of
the marked tendency of the green grocers
TO do business at stands elsewhere in the
market that the city has for several years
exempted those who continue to do BUSH
ness in the market from the specific tax
on that line of business.
Mayor Myers was asked for his
opinion on the question.
The recorder is very much mistaken
in his view Of the matter" he said "The
ordinance is very plain, and he should
have decided according to the terms of
the ordinance. 1t is the business of coun-
Gil to construe the ordinances, and the
dealers had the right to appeal to council
if the recorders decision had been unsat-
isfactory."
Mr.. w. W. Osborne represented the fish
dealers at the hearing yesterday morning
and argued upon the same line as that