The evening times., 1900-05-29

recently addressed a communication to the
Commissioners relative to the liability of
his client TO pay license to the District
as an auctioneer- Mr.. Thomas calls at
tention to the feet that prior to the writ
ing CT his letter Mr. Golden received from
the Assessor OF the District circular
notifying him thst he was in arrears to
the District fuosls November 1. 1899, for
license tax as auctioneer Continuing, Mr..
Thomas says:
~ take 1t tar granted that the Assessor
proceeded on the idea that Mr.. Golden is
an auctioneer, within the meaning Of the
act of the late Legislative Assembly of
1871.
Mr. Golden is a wholesale dealer in
fish, and his method Of conducting bust
The fish are either Tied in punches OF tut
in baskets. Retail dealers. cCne to his
warehouse or wharf at the foot OF Elev
enth Street, examine the fish, make offers
for them, and the highest offer is ac-
cepted. There is no advertisement OF the
sale, no bell is used, no flag is displayed,
and there are no outcries, such as auc-
tioneers usually employ in conducting auc-
tion sales.
For some years Mr. Golden took out an
auctioneer's license, but did not do so the
present year. because he understands that
some time during the last license year
prosecutions against fish dealers in the
Police Court, under the above act, were
abandoned by the Assistant Attorney for
the District. on the ground that the pro-
vision Of the law pertaining to auctiOneers
did not apply to them"
Mr. - lie ~ II
ing the Commissioners TO refer the ques-
tion 70 the Attorney for the District in
order TO obtain ruling upon it.
This being done, the Attorney reported
back TO the Commissioners that as he un-
derstOod the question, Mr. Golden is not a
commission broker but the fish he sells
are his own. and Mr.. Duvall gave il as his
opinion that the competitive method Of
doing business does not constitute an auc-
tioneer. within the meaning Of the law as
enacted by the late Legislative Assembly,
approved August %, 1871, imposing a Ii
cense upon trades" etc.
Upon the receipt Of the opinion OF the
Attorney. Commissioner Ross sent the pa
pers to the Assessor with the request that
he should report on the manner in which
the sales are conducted by Mr.. Golden
H II. Darneille. the Assessor. has now
reported. He states that the opinion Of
the Attorney seems { ODE founded on the
ground that there is no advertisement Of
sale, no bell used, no flag displayed. or
outcries made by the statesmen. and that
his competitive method of doing business
does not constitute Mr.. Golden an auc-
tiOneer, within the meaning Of the law"
Continuing, Mr.. Darneille says:
The law to which reference Is made
reads: No person whatever shall sell or
expose for sale at auction any property,
real or personal, within the District Of
Columbia, without having first obtained a
license as aUctioneer. Every person who
may offer 10 sell al auction any property
Or merchandise. without license, shall be
fined not less than Sl00.'
Webster defines an auction as an in
creasing. a public sale where the price
is called out, and the article to be sold
! IS adjudged to the increaser Of the price,
or to the highest bidder Merchandise is
likewise defined as the objects Of com
merce. whatever is usually bought or sold
in trade or market or by merchants, wares,
goods, commodities
1T seems 10 me that the question of fish
being merchandise or personal property,
as defined in the license law, need hardly
be raised. Tney constitute one of the
most important articles Of commerce, and
are the subject OF international treaties
Il have taken pains to investigate the
manner in which the business, for which
immunity from incense Is asked, is con-
duc.ed. Fish Of various kinds are ex-
posed for sale at the wharf to the highest
bidLer. For bunch or pan fish, a plice is
named by the seller, and the highest bid
der gets them, with an option as 10 the
quantity. Shad are usually sold by the
hundred or in lots. Herring by the thoGs-
and, etc. In each case the person offer
ing the highest price is the successful
purchaser.
Il know of no law which would require
an advertisement, ringing of bell. or dis
play of flag, in the class Of merchandise
referred to. The act OF 1858 IS clearly not
applicable in this case, even if ii has not
been superseded by subsequent legislation
THE goods are perishable, and arrive
! on vessels az uncertain intervals, which
fact preciudes advertisement. Neither is
| there necessity for flags. Dealers know
where TO 60. In fact. there is no other
place. and as TO outcries the tone of voice
! Of the auctioneer is only limited to the
crowd of purchasers assembled. There is
no shouting at art or picture sales, sales
Of jeWelry OF bTic-a-brac and it is not
necessarily a part of the business of the
auctOneer. Fruits are sold by licensed
dealers at auction on Louisiana Avenue in
this way, and the same question affects
them all.
THE question OF ownership is raised.
respectfully submit that the law makes
no distinction IN reference 10 the sale of
goods at auction, between the owner OF
the ccnsignee.