The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-06-06
FOR THE CITY
Mayor Rice Takes a Positive Stand
Against Transient Merchants
A Lawsuit Follows,

Mayor James A. Rice has taken
stand that will receive the hearty COM
mendation of every merchant in Canton,
and most of the citizens. He has shut
down on the socalled "flrc sales" of cloth.
ing and other merchandise and proposes
to protect the local merchants who pay
rent aud taxes. In other words he will
not permit strangers to come into town
and dispose of goods for few days and
after reaping rich harvest leave for other
parts.
Last Monday Mayor Rice granted a
license to We'll Gugenheim to open a
clothing sale at 32 North Market street on
Saturday next and continue for seven
days, the city receiving license Of S35.
The mayor says it was represented to
him that the firm intended to sell nice
clean clothing, and contemplated remain
ing in Canton permanently, but thought
it best to take out license for a few days
in order to be sure to avoid any trouble.
Under the circumstances the mayor grant
ed license at the rate of $5 per day.
Yesterday Mayor Rice ascertained that
it was the intention to run a fire sale, "and
that the parties would only remain here for
seven days. Thinking that the facts had
been misrepresented to him. the mayor
at once revoked the license as he has
power to do under the city ordinance.
In an interview with a News reporter
this morning Mayor Rice was very positive
in his statements, saying he had been de-
ceived by the representative of the firm,
and did not propose to have the wool pulled
over his eyes to the detriment of the per-
manent local merchants. The ordinance
provides for license of from So to $50
per day, and the mayor proposes that the
fire sale" shall pay the highest sum If
business is done in this city.
Today We'll 81 Gugenheim, through
their attorneys ClarkSAmbler, commenced
suit in common pleas court against the
city of Canton and James A. Rice, mayor
of Canton. The petition alleges that Jacob
Rice and Max Gugenheim, are partners do
ing business in the state of Ohio under
the firm name of We'll & Gugenheim. 1t Is
alleged that the firm on May 16, 1895,
made a special deposit of $500 with the
secretary of state, and paid a state license
of SEQ rs an itinerant vendors license to
do business in the state for one year under
an act "To prevent and punish fraud in
the sale of wearing apparel at public or
private sale by itinerant venders and to
regulate all such sales.
The plaintiffs say that on June 3, 1895,
they made application to James A. Rice
mayor Of Canton, to open store for the
temporary sale of clothing and merchan-
disc, and paid him S35 to conduct the
business on June s, 10, II, 12, 10, II, and 10.
They claim no goods have been sold
under said license, and that they requested
Mayor Rice to endorse on the license
Local license fees paid, "as required by
law. This the mayor refused to do
The firm rented a store, shipped good
here, contacted large bids for advertising,
paid railroad fare and freight, hired sales
men, making it total expense of 5000,
] The plaintiffs say that Mayor Rice
| threatens to have them arrested If they
open the store and ask that it be determin-
ed whether the statutes and ordinances are
valid, and If not desire chat the S35 be re
turned
They ask that the mayor be restrained
from interfering with them, insituting