The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-06-13
THE MAYOR
Finds Out Where He Stands on
Ordinances Designed to
PROTECT HOME MERCHANTS.

Judge Mecarty Decides That "Fire
Sale" Case Against the City-A
Highly Interesting Trial, Abound.
ing in Some Lively Oral Passages
at Arms.
The case of We'll & Gugenheim VS. the city
of Canton and James A. Rice mayor, was heard
this morning in common pleas court by Judge
McCarty on the motion to dissolve the in
junction, which restrained the mayor from
revokiug the license, or commencing civil or
criminal proceedings to prevent the fire sale'
of clothing, which opened this morning at 80
North Market street.
The Injunction was made perpetual, and
consequently was defeat for the city and a
victory for the FIRE sale" people.
The matter was opened by city solicitor
webber, who claimed that it was not shown
that a partnership existed between We'll &
Gugenheim. He also questioned the jurisdic-
ton Of the court, and said even if Judge Me-
Carty had jurisdiction, the plaintiffs had not
complied with the state law or city ordinance,
and came into court as trespassers and violaters
of law. He said the statutes provided for the
issuing OF license to only one person, and not
10 partnership.
Attorney Ralph Amber followed for the
plaintiffs and took a stand entirely opposite
to solicitor Weber. Attorney j. J. Clark next
arIued for the plaintiff, and said he was in
favor of free trade in certain things, and par
ticularly between the states and residents of
the same state. He claimed that the mayor
had very properly granted a license at the rate
of IS a day, hut afterwards there was a big
kick by local merchants and mayor Rice then
decided to revke the license.
The attorney stated that the fire sale"
people had as much right to sell goods here as
anyone else, and that the local merchants
objected because the same class Of goods were
sold cheaper than by themselves, much to the
advantage of the purchasers.
Attorney Clark then proceeded to attack
mayor Rice, saying that when Mr.. Gugenheim
asked for a license, the mayor coud say he
did not like him, and consequently would
charge $50 per day. Another man comes
along" said the lawyer, 'and wants a license
for the same business He gives his name as
NIcCaferty, and informs the hayor that he al.
ways votes the democratic ticket, He gets a
license for IS a day"
There comes still another man. who de-
sires to take ont the same license. The mayor
reaches out his hand behind his back, and |
something is slipped into it. Upon examina. |
tion if the amount is satisfactory, he gets
license at IS per day. This is unjust dis.
In passing upon the case judge McCarty |
spoke in substance as follows: There is evi. |
deuce that the plaintiff secured what purported !
-, ba 7 aI
if they were prevented from selling goods |
they would have no legal action against the |
city. or the mayor and if they are without ad |
equate remedy at law, then court of equity |
has jurisdiction. The plaintiffs have the same
right as any other person in the World to do
business here, subjected to proper restrictions.
The state can place proper tax upon the busi-
ness and the city council can require a reason
bile license. 1t cannot be high enough to be
prohibitive, thus preventing competition.
Trusts raise the price of coal, wheat, beef
and sugar, and legislatures are striking at the
trusts | will not pass upon the validity Of
the ordinance passed by the city council. The
mayor fixed a reasonable price, and it should
not be interfered with. / think he aimed to
do right, and this court will uphold him in
every proper action. l think the intimatons
made by counsel were not intended to cast re-
dections upon him.
There is opposition TO this sale Of clothing
from men in the same class of business they
claiming it will interfere with their business.
To some extent it is right that it should. If
hey are going to sell clean goods to the disad
vantage of other merchants, it will benefit the
citizens by getting cheaper goods"
Judge McCarty held that the license should
not be revoked, and that they had a right to
sell goods without being interfered with by
civil or criminal proceedings. Solicitor Web
Der excepted to the decision, and gave notice
that the matter would be tested by making ar.
rests.
Mayor Rice when seen by News reporter
said he proposed to protect Canton merchants
and would probably cause the arrest of the
fire sale" people. In regard to the charges
If attorney Clark, he simply said: People
who are so free to charge bribery, without any
facts on which to base their charge are usually
open to suspicion Those who come out in in
tcrviews asking that the police be ordered to
raid all disreputable places, should be sure to
cover their own tracks. That is all l have to /
,ay. except that the charges are false"