Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-19
USE OF A SIDEWALK
CORPORATION CoUNSEL'S oPIN-
ION REGARDING RIGGS MARKET.
Commissioners Without Authority to
Permit the Occupation of Ger
tain Space.

The corporation counsel. A. B. Duvali'
has rendered an opinion to the Commission
ers on the communication of George L. SUD
duth calling attention to the use Oh sioe-
walk around Riggs market on street pc
tween 18th and 18th streets, by so-caiieu
country dealers" and also the communlca-
ton of s. A. johnson. calling attention 10
the use of the sidewalk at the q street mar
ket corner 7th street, by hucksters. Mr.
Duyall says the questions involved relate,
first to the relative privileges or licensed
produce dealers and of dealers who raise
their own produce; and, second, to the space
which may be allowed these dealers upon
the sidewalk, ETC., at and near these mar
kets.
The counsel quotes the paragraph of the
new license law providing for the licensing
of hucksters and calls attention to the fact
that while no license is required OF any per-
son bringing to or selling at the several
markets produce of his own raising, 1t Is
further declared that "raisers of produce
shall not be exempt from the license tax
unless they sell such produce at the several
markets or by the wholesale In cart
wagon or carload lots.
ut cannot be successfully contended.
however" he continues, that the mere ex-
emption of raisers of produce from the pay
anent of license tax operates to give tnem
any special privileges, rights or immunitleS
not enjoyed by licensed produce dealers,
and the Commissioners have no authority In
the matter of the location of stands TO ols-
criminate against produce dealers VINO pay
a license tax in favor OF produce dealers
who sell produce of their own raising. and
for that reason pay no license tax. Inc cuty
of the Commissioners in the premises Would
appear to be to see that persons VINO 90 NOT
raise the produce they sell procure the
license prescribed for produce dealers or
huckSterS.
The Space Allowed.
"The second question relates to the space
which may be allowed these dealers upon
the sidewalks at and near these markets.
Congress, by its joint resolution approved
February %, 1897, has provided specifically
in reference to the occupation OF the
street front of the Center market. The
subject, so far as the Riggs and O~street
markets are concerned, appears to be con-
trolled by the ordinance of the late corpora
ton of Washington, referred and recognized
In said joint resolution. winch provides as
follows:
"It shall be the duty of the clerks Of
the several markets to lay Off and mark in
convenient spaces the several pavements In.
adjoining to and bordering on the market
squares or open spaces or thoroughfares,
and which may be used for the sale of
vegetables or other country produce, and
any person or persons using any more OF
said space or spaces than may be assigned
to them by said clerks shall forfeit and pay
the sum of not less than S. nor more than
$40 for any market day or less time they
may use any such place
II am, therefore, of the opinion that only
such sidewalks as adjoin and border on the
respective market properties may be set
apart as incidental to market house pur-
poses to be occupied for the sale of vege-
tables or other country produce, and that
the Commissioners without authority
to permit the occupation of the sidewalk of
the opposite side of the street for such pur-
poses"
The opinion has been approved and will be
forwarded to the superintendent of police
for his guidance.