The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-09-16
3IAII HA
The RIGHT.
By Priority Of Occupancy
He is Entitled to the
Market Space.

The long drawn out cnse Of the STATE
against MILAN G. Hall and John W.
Hall for occupying space in King street
vsnarkst which had been rented 10 Eli
.Hallsy was heard In the city court this
snoring before Judge Cochran. Clerk OF
Sthe Market Michael Cornell testif1ad he
ha. charge OF the Farmers and Truckers
Market. He knows that the defendants
ancunpy stands No. 706 and 707 King street.
\ Iiesissped q permit to Eli Tal'ey on April
TIL lust, He utter Wards Issued permit
- Hall on April 9Th. He issued tina Sec
Ond permit in mistake. On April p the
stall was not crossed off and 1t was rrnt,d
q, Hail. In May he discovered that there
fsre two tenants for the space. He then
Offered Hall bis money and another
pace but he refused. 1t depends upon
who gets In first In the morning. The
permit was issued to William q. Hall lie
and his son occupy the spRcs In lu'ns,
1alley Is on the stand this morning.
To Mr.. Knowles who represented Hall
tae witness stated this was similar prose.
cution to the one last summer The per-
init was given to Hall voluntarily and
without request. The space offerel TO
Hall was the one marked "open" for the
purpose of letting people pass to and fro.
The regular space is feet inches aud the
space offered to Hall is 6 feet. Ell Talley
testified that no rented the spoce in ques-
tion lost April. He paid the prescribed fee
TO the Clerk of the Market He has occu-
(, pied the stand only four or five times dur
Ing the season. On the first nrQrEet day
in May they compared the permits. The
stand was occupied first BY Hall. Mr..
Knowles asked that the case LIE dismissed
on the ground that the city ordinances de-
fine what is q legal permit to occupy
space in the market. 1t has been 10 titled
that the permit was regular permit ID
sued by the Clerk Of the Market and he re-
ceived the fees. There is no other requi-
alto than permit required for farmer to
occupy space. No permission is given to
any officer to Arbitrarily ousL one man from
the space. The permit was obtained with
out subterfuge and he voluntary consent
of the clerk. Mr. Talley has court in
which he can find out the legality Of this
permit. This is u criminal action for the
violation Of n city ordinance ami here
comes on officer Of tie city who says hat
he gave a legal permit TO his man. This
court by Judge Bal dismissed this case
and said this man had violated no law.
The same evidenc. has Leon produced in
this case. John W, Hall is The agent and
san Of William g. Hall. 1t is the fathers
team and the fathers produce. Mr.. Ca
hoon stated tina. the valnity of the per-
nit has nothing to do with this case He
then reviewed the testimony. Eli Ta!leys
had been given the righL to use this stand
for one year. Tie Hall permit did not en-
title him to any right. This was case of
priority Of lease. The permit is vol The
city OF Wilmington stands here to-day at
tho back Of FL! Talloy who has tho right
to use the stand. he Halls have declined
to accept their money back or accept an
other space. There is no desire on the
part Of the city to be hard on any one Mr.,
Knowles here drew attention to Judge
Ball vino said in dismssing this cas-,
AulS man NlOluloV uO law ullti lHb
case is therefore dismissed Two legal
contracts have been made and Hall has
taken possession of tho stand for which he
paid This authority has been given to
Hall to occupy this place. The city took
this mans money and told him to occupy
j. the space. BY that right and the right Of
priority the space belongs to Hail. 10 drag
this man to a cell search him and PLACE
him In the dock is An outrage to be prac-
ticed on any man. II We are in court of
Justice then let us have il. The court
ruled that tho defendants should not suf-
fer fran any oversight Or neglect OF an Of
f1oer OF tho city, The court was not gov
erned by any ruling in any other case and
discharged the defendants.
Horace Greedy Knowles attorney for
John W. and william G. Hall entered
suit today against the city Of Wilmington
and Michael Cornell, Clerk of the Market
Damages are asked for false arrest and
Imprisonment and persecution.