The daily morning journal and courier., 1897-12-28
CITY MERCHANTS EXCITED
SUFFOSED ATTEMPT TO EV4DE
 ITINERANT MERCHANT LAW,

-He Thinks Serious Loophole Dis covered In tho Law-An Itinerant Mel- chant With Permanent Intentions.
 Many of the local merchants have been @ good deal stirred up the last few days over what they consider to be an attempt to evade the itinerant mcr- | chants law. This cherished piece of | legislation was secured from the last | legislature at a good deal of expense | and trouble by the merchants of New | Haven, Hartford, Bridgeport and other cities, The law was drawn up and urged by no less able a lawyer than | Judge Gager of Derby. It was hoped | merchants, the mice who go from town to town nibbling up the profits of other merchants without contributing any thing in the way of taxes for the sup port of the government, would be | caught. The experience In the past few days In New Haven would seem to in- dicate that the trap does not always catch. Several weeks ago the old store 1 at 191 Chapel street, occupied by Leon ard-Beecher Co. before their removal | to their big store, was sublet by tne | Leonard -Beecher Co. for the remainder of their lease to May 1 to parties styled | HardWicll 6 Co.,, ostensibly from Bos-
 ton. Temporary counters and fixtures
 were placed in the store and the busi- l np tho p
 and by auction sales was commenced. | These proceedings were watched With | suspicion by several merchants, who
 noted the fact that the temporary ar engagements and methods of doing busi-
 ness employed by HardWick & Co.,,
 were very much after the nature of
 those itinerant merchants which their
 cherished piece of legislation was in
 tended to catch.
 Last week complaints were made to President Howe of the Retail Mer- chants, who thought that the law was
 being violated. After discussing the
 matter with Secretary Johnson of the
 association, complaint was lodged with
 Assistant Prosecuting Attorney Webb.
 He said he would investigate the mat | ter, and did so. Notice was sent to
 Hardwick, and he appeared before the prosecuting attorney He said the com
 pany had leased the store till the first | of May, when the Ieonard-Beecher Co.
 lease ends, and that the company was | negotiating a further lease with Real
 Estate Agent Webb, who has charge of
 the rental of the building for a period l of five years. He said they intended
 to set up here in business permanently l and that the store at 791 Chapel street l was just such a place as they wanted. He also showed letters from Real Els
 tate Agent Webb stating that such ne- ] gotiations were in progress.
 l As Mir Rardwick said that he in l tended to locate here permanently the prosecuting attorney felt that there was
 no ground for a prosecution under the l law and so informed the merchants
 making the complaint.
 | President Howe of the Retail Mer- chants, feeling that the indication all showed that the business was only temporary one that could be closed out
 between 9 o'clock and midnight, went to Attorney O'Connor, the attorney for the Retail Merchants association and
 suggested that something should be
 done to prevent the merchants from
 taking French leave of the town in case
 they should prove to be the itinerGnt,
 instead of the permanent variety of
 merchants
 In the meantime a merchant had : written to the secretary of state and
 learned that Hardwick &, Co. had not . paid the state license fee of $50 or
 given a bond for $500, as required by
 the itinerant merchants law. Yester
 day Hardwick & Co did not open their store The store was locked from noon till evening. Across the door and win
 dows were closely drawn pieces of
 cheap print, completely shutting out all view from the interior. few cheap
 articles of merchandise were displayed
 in the window and a notice on the door stated that the store would be opened Monday, the 27, at p. m. by Hardwick & Co. Two D. m. came, but the store
 was not opened The colored assistant
 of Hardwick & Go. also came but hav-
 ing no key he could do nothing more
 than kick his toes on the sidewalk He
 said that one of the firm had gone to
 Boston and the other to New York, out that they were COIlllllEs DdCh dl z , D. m. But they didn't. Nor had they 7 appeared late yesterday afternoon.
 Their absence and the condition In E which the store was left caused Presi-
 dent Howe to feel that his suspicion , as to the merchants had been correct, and that they had taken French leave. ; He expressed himself as indignant that the law should have been so violated
 and at once consulted with Attorney
 O'Connor. Attorney O'Cnoner thought
 that probably the itinerant merchants
 law had been avoided, but did not see how the prosecuting attorney could
 have acted different in the matter. Prosecuting Attorney Webb stated last evening that he had asked Judge Gager,
 the framer of the law, about the mat ter and Judge Gager said that the law
 was not intended to reach those who
 come to the town with the intention of
 conducting a permanent business there.
 Thus an itinerant merchant can avoid
 the law by setting up in business in
 the place and claiming an intention to l remaining there permanently
 Hardwick & Co. paid a portion Of
 the months rent in advance and a half l months rent was due this week.