Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-15
Marengo Case Decided Against
the City and Costs Assessed
to 1t
TEA MAN A, TRAVELLING MAN
When Man Sells Goods For Another
on Commission He is Not Transient
Merchant Else All Travelling Men
Would be Barred = Will Sue the
City for Malicious Prosecution.
coin, To Times Republican.

l SSOGC1al TO
Marengo, March ia very i'm
portant decision has been rendered IN
Judge Byingtons district court rela-
tive to the peddlers' license law of
Iowa, and the struggle between town
councils and solicitors for outside mer-
camille houses. The district court holds
that the solicitor for the Sinclair Tea
Il Coffee Co.. of Marshalltown, is not
1, "transient merchant in the meaning
of the statute. but that he is as free to
| take orders for teas and coffees as is
| any other travelling man to take orders
| from merchants for the goods they buy
| of wholesalers. The judge interprets
the statute as applying only to tram
silent persons who sell their own goods
| such as the fire sale fakir who comes
| to town for week and moves on, con-
tributing nothing to the support OF the
| government which protects him.
e. A. Dawson, travelling salesman
| for the Sinclair Tea & Coffee Co., was
arrested and convicted in the mayors
court last July under city ordinance.
He appealed to the district court, but
when he attempted to sell goods. again
was arrested, convicted and appealed a
second time. The court releases DaW-
son. exonerates him from his bond and
taxes the costs to, the city. and Dawson
will now sue the city for malicious
prosecution and false imprisonment.
The Nlarengo ordinance, which is
16nntpd
in a large number of Iowa cues reaus'
An ordinance in relation to licensing
travelling or transient merchants. BE II
ordained by the city council OF the CITY
of Marengo, Iowa:
Section L. No travelling or transient
merchant or other temporary dealer IN
goods. wares and merchandise snail
sell or offer for sale any goods, wares
and merchandise within the limits Oh
the city of Marengo, Iowa, without mrs.
procuring a license for whlch ne sHaii
nav the sum Of one hundred dollars per
annum; provided, however, that IL any
person who shall have paid such u
cense taxes, shall thereafter be taxed
by said city on account OF the goods
wares and merchandise. kept by him
for sale under such license, he shall be
entitled to credit upon such city taxes
to the amount Of the license tax SO
paid by him. .ar
Section Q: Every person. whether
owner, agent or employer, who snali
place any goods, wares or merchandise
in any building, tent or structure III
the said city for the purpose OF max
ing sale temporarily thereof or there
from. shall be considered and con-
strued a transient merchant within
the meaning of this ordnance ,and
every person who shall within the Inn
its of Marengo, Iowa, solicit orders
from house to house for the future de-
livery cf goods, wares or merchandise,
whether by sample or not, and any
person who shall deliver goods, wares
or merchandise, previously sold by
solicitor at retail on an order for flu
ture delivery, shall be construed
transient merchant and shall pay the
license fee herein required.
Section g. IL any person or COM
pany shall violate provisions Of this
ordinance, he shall be deemed guilty
Of rrisdemeanor and upon convic-
ton thereof where no other punish
nent is provided, he shall pay fine
Of not less than 81 or more than $500
and costs Of suit, and be imprison-
ell until said fine and costs are paid,
not exceeding thirty days. An ordi-
nance or part Of an ordinance in con-
tlict with this ordinance is hereby re-
peaied. This ordinance shall be in
full force and effect from and after
the publication as required by law.
Passed and approved this last day of
July, 1904. A. NJ. yette. mayor,
Charles T. Lyon, city clerk.
"The statutory authority for the en-
actment of said ordinance is found in
section 700 Of the code. The material
parts of which read as follows: "They
(cities) shall have power to s." de-
fine by ordinance who shall be consid-
cred transient merchants; to regulate
license and tax their sales. y to
regulate, license and tax peddlers,
y etc" The vital question in this
case is whether or not the defendant
is transient merchant. Various def
nitions Of the term merchant" are
given in the general and law diction-
aries; while differing somewhat in
phraseology, these definitions are in
the main, uniform IN all essential par
ticulars. A merchant is defined to be
zone whose business is to buy and
sell merchandise, one who buys to sell
again, and who does BOTH" This def
milton is given in Jewel vs. board of
trustees, 113 Iowa, 40, and it is quot
ed and approved in the case Of city Of
Waukon VS.. Fisk, 100 N. W., Rep. 476.
Webster defines a merchant as zone
engaged in the purchase and sale of
goods" Tho various terms used in de-
filming a merchant are considered in
City Of Cedar Falls VS.. CENTER 1923
Iowa, $40, and it is therein stated that
the business az merchandising includ-
es both buying and selling"
With these definitions in view what
are the facts as established by the
evidence, as to the defendants method
for transacting the business for which
he was arrested? We think it fully
established that he was selling the
goods of the Sinclair Tea & Coffee
Company; that he was taking orders
for said company; that he at no time
had any title to said goods and that
his only interest was to receive sta
ted commission for their sale; that
no sale was made until the order was
accepted by the company. 1t clearly
appears that when the sales were
stopped by legal proceedings, the goods
were returned to the company. All the
acts and conduct of the said company
In this litigation Indicate that such was
10 tv,ta re - NJ