Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1903-10-01
AGENTS NEED NOT
PAY LICENSES
NAY TAKE ORDERS BUT CAN
NOT PEpplE.
TRANSIENT CASE DECIDED
Supreme Court Rules That travelling
Representative Who Does Not
Bring With Him Stock Of Goods
Is Not Temporary Merchant IN
the Contemplation OF Inc Law,
Madison, Sept, 80.

MadlSNa, sept, ~
Agents soliciting orders by sample
do not come under the transient
merchant ordinances of cities and
villages according TO decision
handed down by the supreme court
yesterday morning Unless the agent
carries with him a stock OF goods
which he brings into the locality
from elsewhere, barters his goods
in that locality, delivering at the
time he takes the orders. he cannot
be taxed rs transient merchant or
l. poddler,
The constttuttonality of the ped.
dlers' license statute was brought
up in the argument OF the ease hut
was not decided by the supreme
court, the point being lott 10 some
case depending upon that point alone,
w, II, Heidman, agent for the I,
A. Chapman Co, OF milwaukee,, can
vassod the city of Wauaau for Ave
days. taking orders by sample. to ho
delivered out of the stock Of the com
pany in Milwaukee, The city orui.
nance, leVying license fee of SIS Il
day upon all transient merchants Or.
traders, was invoked against the
agent and he was arrested The cir.
cult court trial resulted In victory
for the city and the agent neidman
appealed, gotttng forth the ground
that he did not como within the ordl
nance as framed and that the statute
under which the ordinance was ON,
acted was unconstitutional for the
reason that IL was in violation to the
provision OF the constitution that tax.
es should be levied uniformly
The supreme court ruyerFes tho
Judgment of the lower court and
sends tho case back with directions
to render Judgment IN favor Of tho
agent, The supreme court finds am.
PIE protection for tho agent in tho
fact that no carried no stock OF
goods into the city Of Wnusan had
no interest in the business other than
employee and acted merely as a trnvs
cling salesman of the Chapman com.
| pany,
ut Is not claimed In the complaint,
which was written by Justice Ma,
shall established by evidence or
found by tho court says tho opin.
ion, that the appellant brought into
the city any other goods than tho
samples he carried about with him IA
mere travelling agent or that he OF.
fered for sale or sold any OF such
samples or any goods by sample "
| otherwise, That essential Of the or
dinanco was left wholly uncovered.
In that situation II seems that ths
| case Of tho city clearly failed to sat.
isty the calls Of the ordinance. be
Ing pcnal law, upon familiar prin
| ciples II must be strictly construed
against the city II open to construc.
tIon at ALL The learned trial court
obviously supposed II was 80 open.
for certainly tho mere taking of or.
dors for goods at Wausau. 10 DO MI.
cd out Of mercantile stock IN NIL.
Waukee exhibiting samples IN 30 do.
Ing, is not within tho literal sense
Of the words, bring into tho city OF
Wausau any article or articles or
trade" &C., and soil or expose for
sale barter or exchange. by sample
or otherwise any such goods. Such
literal sense plainly covers only sell.
Ing Of goods by sample or otherwise
out Of stock Of goods brought into
tho city by the seller and presently
therein To read into the words
used the idea that they were aimed
at mere travelling men. or agents.
taking orders for goods as appellant
did. would require not only construc.
ton, but construction Of a pioleat
characterize hardly warranted in
any case; certainly not in one In
solying tho rights Of person eharg
ed under a penal statute