The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-24

Ffftv-tkr~e secondhand dealers Of this
city have united Il . determined exert 70
show that the city has 10 right 10 make
th@rs pay = ifcerSs fer the privilege o.
dozng business They claim that there Is
70 Justice IN the ordinances which re-
19ires each OF them % pay So year Into
the city treasury and have secured the
services os three 4Aw firms 10 fight their
case. Tire srst passage 81 arms took place
yesterday IN the municipal court. where a
test case wa. up for hearing from -
o'clock IN the morning until O'Clock IN
the afternoon To the spectators IL was
dry discussion, but - these who were IN
terssted every word had significance TX
Mayor Rorasd. OF counsel tor the defense.
closed the argument 10 show that the or
cinance il invalid. and n Gotng so lie got
excited, placed ere extremity 81 a very
long leg or q chair, pointed long arm al
the ceiling and declared that the city had
no more right 10 make = secondhand man
pay . license than Il would 10 follow the
same course In respect 10 W. +. Boyd,
j. \. Bailisrgeon & Co. and the Post
liiSencer-
The city council passed an ordinance en-
titled AN ordinance 10 license and reg1-
late the business OF pawnnrckers. second
hand dealers and Jank dealers" The or
dfnance provides that ali pawaoTokez-s.
secondhand dealers and junk dealers
shall keep a record book. IN which shah
be entered the name Of every article pGr-
chased or pAauxa. together with de-
seription and name OF the person pawn
ing or selling. and thar each pawnoroker
should pay license OF szsa a year. each
secondhand dealer should pay 9 License Oh
so a year. and each JUNK dealer should
pay license OF 80 year.
FIffy-three Of the secondhand dealers
united 10 contest the validity Of the ofdi-
nance. They secured the services Of j.
T Ronald. Mcclure Il Bass and Edward
Won Tobel. test case was made by ming
a complaint against A and ]. Goldberg,
doing business al ~ Railroad avenue UNI
der the firm name OF Goldberg Bros. The
case came Up for trial yesterday morning
before Judge Bogue in the municipal
court.
The defense demurred 10 the complaint.
The points made on the demurrer were as
follows: That the ordinance was invalid
because II contained two objects; that the
city council could not Regulate and license
an occupation. both u one ordinance. that
the power to impose license upon Sec
ond-band dealers was not conferred by
the charter, and that the business of
secondhand dealer Is not one which may
be regulated under the charter.
City Attorney Rawson contended that
subdivision Sc Of section So volume i OF
ter. gives the city the power TO grant IL
censes for any lawful purpose, and the
city council has power 10 license any bnssi-
ness or vocation II may sse it. and that
subdivision "a OF the same section. which
gives 10 the city the power 10 regulate the
carrying on OF occupations which are OF
such a nature as to affect the public
health or the good order of said city or to
disturb the peace gives the city the power
to regulate the business OF secondhand
dealers. He commended that the business
OF the secondhand dealer is one which ar
fects the good order OF the city. He also
centended that the power TO regulate In
cluGes the power 70 license, and the power
TO license includes the power TO regulate.
and that therefore the ordinance did not
include two subjects. lie said further
that section ii OF article IL Of the state
constitution, which says that any county.
city. town or township may make and en-
force ali such local police sanitary and
other regulations as are not in conflict
with general laws, gives to the city the
power TO license and regulate any kind OF
occupation or business
The defendants concluded that the
words lawful purposes used in sub
division IS, gave TO the city power 10 issue
licenses in those cases specifically men
toned IN the charter. and that the general
words used in the constitution could not
be extended 20 include any cases other
than those similar 10 the classes men
toned: that In no place in the charter or
In the constitution WAS there authority for
the city 20 license second hand dealers or
any occupation or business similar 10
them. and further. that the business Of a
secondhand dealer IS not one which az
fecfs the good order Of thu city.
Large stacks OF law books were cited
and left fer the consideration of Judge
Bogue. who said he would decide tho case
usxt Wednesday. II he survived.