Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-07
Case at Union Will Determine
Right of Town to Bar
Transient Merchants
TEA SALESMAN ARRESTED
Enters Plea of Not Guilty and Attacks
Validity of Ordinance on Ground
That IL Restraints Trade-AIl Small
Towns Interested in Outcome of This
case-other News.
Special to Times-Republican.


shalltown tea peddler, which was tried
before Mayor Chaplin yesterday, is one
of very wide general interest turnout
Iowa because of the principles involved.
Charles w. Wallace, salesman for the
iowa Tea Company at Marshalltown.
arrested here last week on charge of
violating a town ordinance prohibiting
transient merchants from selling their
wares In Union without license, en-
tered plea of not guilty on the ground
that the ordinance is OF no avail be-
cause it is in restraint of trade, inter-
feres with the buying and selling of
property and If enforced would prevent
every commercial traveller from taking
orders In Union for future delivery.
Another case Of the same kind will
come up later in which Mr.. Hoover,
salesman for the Sinclair Tea and Cof-
fee Company, also of Marshalltown, has
been arrested under this ordinance and
has given bonds for his appearance.
The Marshalltown companies are en-
gagged in soliciting orders from house to
house all over Iowa for teas, coffees and
spices. In some cases the goods are
sold and delivered at the same time, but
in most cases orders are taken from the
customers for future delivery. In any
case the local merchant objects and the
town ordinance was passed to control
| the trade for the home merchant. II 1t
holds good in these cases, which will
undoubtedly be pushed thru the courts
| to the courts of last resort, many an
other small town will pass similar or
dinances to protect itself from the en-
terprise Of the larger places.
The Union ordinance is as follows:
| ORDINANCE NO. "a.
An ordinance defining transient mer-
chants and providing q license for the
same, and for the license OF peddlers.
Be It ordained by the town council OF
the incorporated town of Union, Iowa:
Section l. That any person who shall
bring a stock of goods to the town fol
the purpose OF closing the same out al
retail or auction, by forced sale, or who
shall go from place to place within the
town taking orders for goods for later
delivery, shall be deemed transient
1 merchant.
Sec. All transient merchants be-
! fore making sales within the limits OF
1 the town of Union shall procure from
1.-THE mayor license therefor before
making any sales, and shall pay fol
such license for selling Of such goods
ls5 per day and those taking orders fol-
future delivery shall pay for such H.
cense the sum of SIS per day.
Sec. s. Any person violating any
| provision of this ordinance shall be
/ deemed guilty of misdemeanor ant
shall pay a fine in the sum of not less
| than SIS or not to exceed $50 and pay
/ the costs of the proceeding.
Other sections of the ordinance apply
| to peddlers and fakirs of patent medi-
cines, who must pay So per day fol
street sales and 50 per day for the priv
]ileee to canvass from house to house
persons distributing bills or posting
| bills around town. $40 per year, timer
ant doctors SIS per day, street hawkers
of iewelry, ETC., SO per day, and all 9TH
ers not included In any section who
come under the ordinances definition
of transient merchants must pay IL
cense Of SIS, except that in the las
clause peddlers of agricultural products
and officers Of the law conducting lega
sales are excepted from the provisions
OF the ordinance.
The lawyer for the defense introduced
several witnesses, in the persons of
women who, had given orders for tea
land received the goods, to show that
such business had been transacted and
he then proceeded to defend his clients
plea Of not guilty with an attack upon
the validity of the ordinance. He
lclaimed that the language of the above
|ordinance would exclude every sales
man from the town of Union who would
attempt to take an order for goods from
any one, merchant or consumer; and
that 1t was clearly In restraint of trade
considerable interest attaches to a
4 change which the last legislature made
lin section 700 of the Iowa. code giving
towns the power to tax merchants fol-
revenue purposes which is claimed tc
|be unconstitutional. Mayor Chaplin took
1.-THE case under advisement While he
|consults further with legal counsel
|Should his decision uphold the plea OF
mot guilty the case would end, but
should he uphold the ordinance it woulc
Ibe appealed, for these Marshalltown
accompanies are not going to give w
their business without struggle.
| w. A. CUMMINGS PARDoNED.