The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-05-25
i DEFECTIVE AMOUR ARRESTED.
An Arrest by Him VIII Result in a
Test at Court.

Test at Court.
Yesterday afternoon County Detective
Amour arrested David S.mansky and
Charles Bau ngardin, charging them
with peddling without license, Baum
gardin was discharged by Justice Will
Jams and the case against Semansky was
settled upon payment of SO 10 costs.
Last evening Amour was arrested on
charges of assault and battery and false
arrest preferred by Baumgardin Amour
waived a hearing before Justice Cardin
and entered $500 b all on each charge for
trial at court.
Mr. Amour stated last night that
Semansky and Baumgardin went about
the town yesterday selling linens. They
had the goods loaded on a carriage, which
was in charge of a driver. He arrested
them and Semansky said he would settle
the case by paying the costs. AS the
witnesses in the Baumgardn case could
not be secured in time the justice dis
missed the case.
Mr. Semansky claims to come from
Dresden, Germany, but assigns Hazleton
as his present place of residence. He says
Baumgardin is his assistant. Mr.. Sc
mansky also says that he is protected in
his calling by the Inter state Comm cree
law. He will consult legal advice to see
what relief he has in the form of a suit
for damages. Mr.. Amour says that
Semansky and Baumgardin were peddl.
ing and that District Attorney Ryan has
stated that the Inter state Commerce law
has no bearing upon the law regarding
peddlers. The law Mr.. Semansky relies
upon was recently considered in Connecti-
cut in the criminal case against John
Lyn ,h, agent for the American Wringer
Company of New York, for peddlng
without license. The case was reported
as follows:
The defendant demurs to the informa
tion because the statute under which he
is prosecuted is null and void as being
contrary to the provisions of the constitu,
tion of the state of Connecticut and to
the constitution of the United States.
| In support of the demurrer, Attorney
Lqwlor made a strong argument. The
statute, he said, was enacted in 1898 and
there mad been but one test case before
the Supreme Court the city of Rockville,
against Conlon Bros, who, when doing a
transient business in that city, were
arrested. They demurred, and the de-
murrer was overruled. Then the case was
taken to the Supreme Court where the de
murrer was sustained and a decision
rendered that makes the whole section
null and void Attorney Lawlor then
submitted the decision in the Conlon case
TO Judge Root, who took some time in
examining its contents
Prosecuting Attorney Russell said moth
ing to sustain the state.
Judge Root said that he would sustain
the demurrer, and Mr.. Lynch was dis.
charged.
This means that license laws designed
to prohibit and stifie outside competition
for the benefit of local store keepers, al.
though ostensibly enacted for the protec
tion of the public, will not be sustained
by the courts, and that the constitutional
rights of any man to make living in
any occupation not harmful to the health
or morals of the community, must not be
interfered with under any pretext for the
benefit of local dealers with whom he
may compete.
A decision of the U. S. Supreme Court,
written by Justice Brewer, has recently
laid down broad rules in relation to state
restrictions, as applied to interstate com
merce in particular, which rules state
legislatures would do well to follow in
shaping license legislation.
l. A manufacturer of goods, which are
Legitimate subjects of commerce, who
carries on his business of manufacturing
in one state can send an agent into
another state to solicit orders for the pro-
ducts of his mandatory without paying
to the latter state a tax for the privilege
of thus trying to sell his goods.
2. A regulation as to the manner of sale
of subjects of commerce whether by
sample or not, whether by exhibiting
samples at store or at dwelling house,
is a regulation Of commerce.
3. Whatever may be the reason given to
Justify, OF the power invoked to sustain
the act of the state, If that act is one
which trenches directly upon that which
is within the exclusive Jurisdiction of the
national government it cannot be sus-
tained.
4. The police power cannot be set up to
| A.