Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-28
Superior Court at Cedar Rapids
Says Ordinance Taxing Ven
doris Is No Good
DISCRIMINATION is PERMITTED
Fact That the Mayor Was given OPP
portunity to Exercise His Own
Judgment Relative to Amount Of Tax
Which Could Be Assessed Held to Be
Illegal.
pecial to Times-Republican.

| Special to Times Republican.
Cedar Rapids, April 2S-Judge Roth
| rock of the superior court has held
that the ordinance requiring peddlers
to secure a license before plying their
avocation In this city in invalid and
void.
The decision was handed down in the
case against A. S. Hawley, arrested
peddling without a license and drunk
enness. In addition to the Importance
of the decision, which develops the
| fact that the city has no legal ordi-
nance regulating this matter, the case
was full of more fun than has en-
livened things in police circles for
many a day.
| Hawley is man probably 80 years
of age, who has lived here for the past
| three years, and who for a number OF
years has been engaged in the manu-
| facture of cheap jewelry trinkets,
which he makes himself out Of sea
shells and plated wires He is quite
an adept at the work, working the
stuff up rapidly in different articles of
finery. Last Saturday evening he was
found in saloon on F avenue west by
Officer Sullivan, making and selling
this stuff The officer consulted head
quarters and was ordered to arrest
Hawley, which he did, taking him to
the police station.
SY, M.
lice court Monday morning he was
represented by Attorney Croker. and
entered a plea Of not guilty. AS neither
side was ready for a hearing, the case
was continued until Thursday Mr..
Crocker stated that Mr.. Hawley. who
manufactured all his goods, and sold
nothing manufactured by anyone else,
was under the impression that he had
perfect right to sell the, stuff by
vending or peddling and that the state
law, which provides that no one shall
be charged license for such peddling
when of his own manufacture, except
in incorporated towns and cities.
Mr. Croker then attacked the valid
ity of the ordinance, which requires
that all peddlers must secure a license
in Cedar Rapids before they can ply
their avocation. This ordinance is en-
titled an ordinance provided for the
regulation of various occupations and
prescribing the fees for licenses or
permits therefor.
Judge Rothrock said that about
three years ago he had held this ordi-
nance to be invalid. because it is dis
eliminating in its character, inasmuch
as it gives the mayor leeway in fixing
the fee and making 1t possible to tax
different persons different fees. He
said he was under the impression that
this ordinance had been amended since
that time. but careful search of the
ordinance book failed to reveal this.
New ordinances relative to fruit VEN
ders and transient merchants have
been passed. but there has been no
new ordinance relating to peddlers.
He therefore found the defendant not
guilty and ordered his discharge.
1t is now up to the council, If it is
the desire to regulate the peddling
business in Cedar Rapids to "get busy
at once and enact a new ordinance re-
lating to this matter. AS 1t now stands
anyone can come to Cedar Rapids and
peddle without let or hindrance,
whether the goods be Of his own
manufacture or not.