The record-union., 1896-04-24
EFFECT OF HASTE IN ORDINANCE
MAKING.

The hasty efforts of municipal legis-
lators to properly protect the business
interests of the community often lead
them into absurdities. This has just
been illustrated by the passage of an
ordinance by the Sacramento Trustees,
intended to make itinerant photograph
ers and picture-frame vendors, and
amateur photographers who sell pic
lures for profit, pay a license and con-
tribute to the support of the city gov
ernment, as do the regular dealers in
frames and pictures and the established
photographers.
AS the instance, along with another
we shall mention, serves to show that
haste in making laws is usually waste,
we examine it at some length. The or
dinance, which has not been published,
with some of the verbiage omitted, is
as follows:
Section /. Every photographer or
other person engaged within the limits
of the city of Sacramento in the busi-
ness of making or enlarging photo
graphs or daguerreotypes, crayon,
water color or oil, or other picture made
by Photographic process, and selling
the same, shall. for conducting such
business, pay a license tax of $50 quar-
terly, in advance.
Every itinerant photographer, or
other person who shall within the linn
its of the city of Sacramento engage
In the business mentioned in this sec
ton. shall pay for conducting such
business a license tax of S15 a quarter,
etc. etc.
Section 2. Every person who shall en-
gage in the business of selling picture
frames containing pictures made by
Photographic process, pretending to
charge nothing for the picture. or in any
other manner, or upon any pretext, at
tempt to evade the provisions of this
ordinance by pretending to give away
pictures made by Photographic pro-
cess, shall pay. etc,
Section 8. The provisions Of this or
dinance shall apply as we'll to anna
teur as professional photographers in
all cases when such amateur engages
in such business.
The penalties under the ordinance are
fines from 500 to $500, or imprison-
ment from twenty to fifty days, or
both fine and imprisonment
The ordinance was introduced. passed
and sent to the Mayor for approval
within the space of two minutes, say
the local reports of the proceedings of
the Trustees of last Monday. This
haste was as undignified as it was un-
just, since it led the Trustees into err
rors that they must rectify if the or
dinance is TO become law, and deprived
the people Of opportunity to be heard
upon the proposition.
Under the charter the board has the
right to fix license taxes upon "hawkers
and peddlers"; those who vend from
house to house. in other words 1t has
power also to levy license taxes upon
all lawful business, professions and
trades" but in doing SO the charter
says that there must be had due "re-
gard in such cases to the amount of
business done by each person, firm or
association licensed"
In March last, in constituting an or
dinance of the same board regarding
the sale of wood and hay in the streets.
the three Superior Judges of this coun-
ty concurred In an opinion to the ef-
feet that an ordinance providing for
the sale of wood, hay, grain, ETC., at a.
fixed place known as a public market
place, and prohibiting the sale of the
articles on the street, was invalid. The
court held that while the Trustees un-
der the charter have power to license
and regulate lawful businesses, it can
not prohibit sale of goods on the street
or anywhere else. In that case the
Trustees made the mistake of prohib-
iting, instead of licensing for hawking
and peddling. They did not attempt
to lay on a tax by license to regulate a
lawful business or profession, but to
prohibit sales elsewhere than at des-
ignated places within the city. This.