The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-11-01
BY
MERCHANTS.
Local Business Men Fighting the Auc
ton Room Project.
A PETITION WAS FILED TO-DAY
The Merchants Call Upon County Treasurer
Elias Davis 10 Withhold the County
License Which the Auctioueer's
Counsel Has Applied For.
Mooted Question
Involved.

The following document, signed by lO6
merchants Of town, was sent to County Treas
urer Elias Davis, at Pottsvile, this afternoon,
by special messenger
Dear Sir: We, the undersigned mer-
chants Of Shenandoah do hereby protest
against be issue by you Of license to one
| Z Hard wicke, permitting him to carry on
an auction business here.
We enter this protest In the interest Of our
business which we have built up by years of
la Dor and expense in this town. and we will
not pernit this trade TO be undermined by
auctioneers whose business would be in
jurious to us aud the people.
Further We are advised that you have no
right or authority under the law to issue
such license; at least that there is a grave
doubt as to your authority under the law to
! issue such license.
We, therefore, urge upon you this further
reason why such license should not issue un-
til you are fally satisfied that you are acting
within the law
We assure you that we will resist the issu-
anCe of any such license by you.
| We would, therefore, respectfully suggest
that you withhold the license until the courts
have determined your authority in the
/ premises.
! The above is another chapter to the story
of the battle several merchants of town are
waging against the establishment of auction
/ Ahulih htAN ny Aldlu Wlthts
Since his arrest in town and his conviction
by Justice Toomey Under the charge of
violating a state law in conducting auction
sales Hard wicke, through his counsel, A. w.
Schalck, Esq, of Pottsville, has been making
every effort to secure such license as would
permit him to carry on his auction business
in town.
After considerable investigation Hard
wicke's counsel concluded that the only
license upon which he can sell in Shenandoah
is county license 70 be issued by the
County Treasurer This is what the authori
ties at Harrisburg advised Hardwicke's
counsel.
In the information made by Mr.. Strouse in
the suit before Justice Toomey against Hard
wicke it was stated that Hardwicke was con.
ducting an auction business without
proper license" contrary to law. Thi:
information, it is alleged, covers the legal
requirements, as Hardwicke had neither q
state or county license.
NJ NJ. Burke, Esq, as attorney for the pro
testing merchants, claims that Mr.. Davis
the County Treasurer, cannot issue a license
to Hardwicke, for the reason that he doe,
not come up to the requirements and qualif
cations imposed by the Act of Assembly in
the case Of person applying for an auction
eer's license.
Among other cases Mr.. Burke has directed
the attention of the County Treasurer to il
that of the Common wealth against Crawl,
case that came before Judge Mcpherson a
Harrisburg. in which the defendant, al
auctioneer was sentenced to a fine of 500
and costs. Also the case Of the Common
wealth against MOrten, MOntour county
case, in which Presiding Judge Morrow Sc
forth the law in his charge to the jury, anC
in which the defendant was acquitted, bu
directed to pay the costs.
1t appears to be a mooted question as Il
whether the County Treasurer can issue al
auctioneer's license He must satisfy him
I self, the protesting merchants claim, that tn
law warrants the issuance of license, and
. if it does, the party applying is 'suitabl
, person" to have such license.