The Denison review. [volume] (Denison, Iowa) 1867-current, 1901-03-15

LET GO
Court Decides Him a
Resident Merchant.
The Hotly Contested Trial
Consumes all of Last We'd
nesday.

uCoudy.
The case of the city versus A. S..
LEVITT held the boards for nearly all
Wednesday, before his honor, the
Mayor, and crowd iof interested citi-
zens. Every point in the case was
warmly contested and elaborate
arguments were made by counsel on
both sides. The Mayor decided that it
had not been proven that MIR. Levitt
was other than resident merchant
and that as such he had right to dis
pose of his stock of goods in any way
he thought best.
The points at issue involved, first,
whether or not Mr.. Levitt was simply
trying to close out his stock of mer-
chandise OF whether he was, shipping
in goods for the purpose of running an
auction store. This was the point that
the Mayor decided in favor of the de-
fendant. The validity of the ordin-
ance under which the action was
brought, was the second point in issue,
and upon this his honor did not pass.
1t was held by the attorneys for the de-
tense that the state gives authority to
city councils, first to define transient
merchant and then to license and regu-
late the same. 1t appears that the
Denison ordinance simply says, that a
transient merchant is transient mer-
chant. which the defense claimed was
just as satisfactory definition as that
OF the small boy that "a yellow dog is
dog that is yellow" 1t would APP
pear from all that transpired that the
ordinance is a very faulty and unsatis-
factory one. This is a fact that is
greatly to be regretted. Had we a
satisfactory ordinance we do not be-
lieve the prosecution would have been
started and all the trouble and expense
would have been avoided We believe
! that all parties acted in good faith in
this matter. We believe Mr.. Levitt
| has been making an honest effort to
dispose of his stock, and we also be.
lieve those who were back of the
| prosecution, believed that he came
within the ordinance and should pay
the license if he wished to continue
the auction business. 1t was most
unfortunate affair and one that is to be
regretted by all good citizens. 1t
should be one of the first duties of the
council to pass just ordinance, which
shall be so clearly defined that another
such case cannot arise. 1t is un.
doubted true that closing out sales,
whether by auction or otherwise have
a tendency to demoraliZe business.
Last year the clothing business was
demoralized in Denison by the sale OF
two stocks at wholesale prices. Mer.
chants are like other people. they mus
make profit in order to live. 1t is an
| injury to the business of every other
man when another for any reason uoes
work or sells goods at cost or below.
We do not blame the other business
men of Denison for their action as long
as they supposed they had the law OF
their side, and we do not blame Mr.
Levitt for the course he has taken
He wished to dispose of his stock
Desiring to close out mis- business fol
the present, he thought it better tc
lose on the selling price of his goods
rather than to lose on the item of run
ming expense and it has been decided
that he had a perfect right TO take the
course he did. The Review hopes fol
the benefit of our town and for the
benefit Of all concerned, that this vii
be the last OF the matter which has
4 stirred up our whole community for the
past few days.