The Washington times., 1901-10-02

Opinion of the Attorney Asked Upon
nm Old Grievance of the Farmers
seventeen-Ycar-0Id BOY i'm House
S. A. johnson, trucker, recently ad-
dressed the Commissioners calling atten-
tion to the occupation, by huclSsters. of
the space at the O Street market, to the
detriment of the legitimate truckers ana
gardeners. The complaint was referred to
the Police Department for investigation
and report, and Lieutenant Byrnes of the
Second precinct submitted the following
statement:
1T appears that for years a class of
truck gardeners and unlicensed produce
dealers. who do not raise all of their own
produce, but buy at the wholesale market
a great amount OF country produce, offer
it for sale at the Street market as their
own raising. At times they are able TO
undersell the legitimate country people
and to have produce on their stands which
is too early for our nearby farmers to
grow. They represent to the market
master that they are country people and
entitled to a stand at the market as such.
1t appears to me that if the market
master would enquire into these cases.
legitimate, it would reduce this class of
people to a minimum. The law relative
TO unlicensed produce dealers makes it
very hard at times to obtain evidence
against them. We have to prove that the
produce is bought and from whom, and
that two sales are made of this produce.
These people are aware Of the law and
are very careful. Some go SO far as to
drive out into Virginia Maryland and
buy from farmers on their way to the
wholesale market, making it almost inn
possible TO get witnesses to the sale, as
these farmers do not care to lose time in
attending court
Il have procured warrants against sew
eral of them as unlicensed produce deal
ers. l have one case pending and it will
be continued, as ! am unable to get the
evidence to prosecute them"
Major Sylvester. in forwarding this
statement to the Commissioners, recon-
mends that persons controlling the mar
ket be requested to refuse stand to all
persons who may offer produce for sale
in advance of the season and to those
they suspect of forestalling the market,
and then have the police make such in
vestigation of their cases as may be war
ranted, with view to establishing wheth-
er the market privilege should not be
taken from them. In view of the difficult
ties encountered in securing convictions
under the law II seems to me that this
method might, in a great measure, break
up the practice which prevails in all the
markets
This department has long had conten-
ton says Major Sylvester. over this
character of work, and great difficulty
has been experienced in securing convlc-
ii ms in the Police Court Many cases
have been made in the First precinct and
taken to court only to be dismissed on
technical grounds. to the disadvantage
and discourag cement Of the police.
Commissioner Ross yesterday forwarded
the papers in the case TO his associates,
with the following recommendations,
which they have approved:
Il recommend that this matter be re-
ferred to the Attorney with a request for
his opinion on the following points:
'.First-What right have farmers sell
ing produce Of their own raising, or any
other dealers, to occupy the roadWays OF
the public streets with their wagons as
appurtcnances to their produce stands.
except in the case of the b Street front
of the Center or Washington Market as
authorized by the joint resolution OF
February 2S. 1892
''Sscond-Does any law give those who
sell produce Of their own raising any
special privilege or any immunities, other
than the exemption from license tax as
produce dCalersZ
..Thfrd-Nhat authority or duty have
the Commissioners TO discriminate in re-
gard to the location of stands IN favor Of
produce dealers who sell provisions OF
their own raising and pay no license. as
gainst produce dealers who pay a license
any other object than to see that those
who do not raise the produce they sell
procure the requisite license, outside Of
3 Street,