The evening times., 1896-09-19
WILL PROTEST
Object to Judge Kimball's De-
ciSiOn in Seab0rn'S Case.
MUST CRY THEIR WARES
Meeting VIII he Held and a Commit
tee Appointed to See the COmmis-
siOners-POlice Also Complain of the
Courts Criticisms-Cases That
Have Been Dismissed in the Past.

The city hucksters are up in arms. and
the police are much chagrined at Judge
Kinbalrs decision and comments Thursday
last In the police court. in the case OF john
Seaborn, an itinerant vegetable dealer.
who was arrested and taken to court for
crying his wares on the streets.
The hucksters are arranging to hold a
meeting. at which a committee will be ap-
pointed TO call upon the District Commits
siOners, and urge the repeal OF the police
regulation against crying out their goods.
They say this is the only city n the
Union where there is such prohibition.
The police oil the other hard, are rest
less under Judge Kimballs charge that
they are neglecting their duty III not ar
resting more hucksters for this alleged
offense.
PRISONERS RELEASED.
In reply, they point to forme cases which
have been taken before the court, In which
the penalty OF the ordinance has never been
Inflicted, the prisoners he ing released
on their personal bonds, or dismissed.
Therefore the police say If there has been
any neglect of duty it is on the Part Of
Judge kimbali and not on their side.
police department, was seen today by IN
Evening Times representative. He said
in the case of Seaborn, who was release
on his personal bonds by Judge Kimball,
the complaint which caused fhe arrest was
not made to Major Moore about Seaborn
person ally, but against hucksters gen
orally. This practical dism issal of the
Seaborn case, SAID Mr.. Sylvester, serves
10 discourage the police from making fur-
ther arrests for the offense charged. The
ordinance says mo one shall make any
needless noise or outcry in advertis ing
their wares" erc.
Mr. Sylvester added that on June s, S9o.
William w. Young was arrested by Police
man Rice and taken before Judge kimhall
for crying strawberries on the streets at
6:45 o'clock In the morning. The court
accepted Young's personal bonds and
said he hoped 1t woC:i be a warning to
others.
When the regulation in question was pro-
nulgated the police made several arres Is,
but the court refused 10 infliot the penalty
prescribed unless proof could be made NJ
some actual annoyance. The Iolicemen
who made the arrests could not make oath
that the cries OF the hucksters annoyed HIM
The judge announced that the cases could
not be made against the defendants unless
the parties actually annoyed went into
court and made oath to that effect. This
the citizens were unwilling to do and the
regulation practically tecame a dead let
ter and the police lccamc discouraged
OTHER CASAS.
case was made against Robert Bean
on May 10, 1888, and another against
George Sengstack on May 21 both on com
plant. They were taken before Judge Kim
ban and Their personal bonds taken, no
penalty being inflicted. On May 10, 1883,
Albert Franz was taken to court charged
with crying his wares. The district attor-
ney noIe pressed the case, informing the
police who made the arrest that, as Franz
had hucksier's license, he had n perfect
right to cry out his wares.
Policeman Boyce arrested Archie Fow-
Ter on June . 1890. for crying his straw
berries. He could not swear that FranZ's
cries annoyed the residents, and the case
was dismissed.
Mr.. Sylvester says, in view OF the DIS
position of these cases, the police have
h ad no encouragement to enforce tie regu-
lation, andare not neGlecting their duty
The penalty should be Inflicted" he
concluded, "or the law repealed