The Richmond palladium. (Richmond, Ind.) 1906-1907, 1906-12-23
H. ITCHING RACK
PROBLEM IS UP
Continued from Page One. }

! for 3 days in the week and at hours
early in the morning and few at
/ that. The street is wide and has but
one residence with side entrance
! thereon the rest of the square being
| the rear end of property facing on
Main street What a typical place
for the purpose thought Council. But
let us see what the Courts had to
say on that matter, and will Council
please turn back in its records and
note the cost 1t was claimed by
the complainant that the horses be-
fOuled the place, made noises and
attracted the flies. That travel was
impeded by such use of the street"
Judge Fox promptly held that Coun-
Gil had no right to authorize such
market stands nor to occupy the
streets with wagons in manner to
blockade.
The complaint against the city was
held to be good and injunction issu-
ed. The Council thought it knew bet
ter than the Judge of our Courts and
appealed to the Supreme court. Now
for the Supreme courts decision. In
las Indiana reports page 294 this
case is cited and on the following
pages the facts and the decision are
recorded The court said: mo
good reason can be given to show
that the judgment should not be af-
ffrmed. The streets are primarily
for the use of the travelling public.
Certain other uses in which the pub
lie and the AUDITING poperty owners
are interested are also allowed, but
only in such. manner and to such ex-
tent as may not appreciably impede
the use for public travel. Such uses
are those for sewers, gas and water
pipes and telegraph and telephone
poles.
No right however as we think
could be exercised by city for such
an occupancy of a public street as
that which was here attempted. It
is not necessary, as we think, to give
reasons or to cite authority to show
that such a use of public street
as contemplated in the case before us
cannot be authorized City of Rich
mond ct al Versus Smith. Now will
the council please turn to it's records
and see what that Litigation cost the
city Oh, it may be said, we don't
intend to use North 7th street for a
market place.
The court states plainly and de
clines to quote authority, because the
law is as old as the hills in all coun
tries and in all states that cities can
not in any manner Except in the
matter of building permits and con-
struction of stress blockade the |
streets or create a nuisance or au- |
any of the residents or bust |
ness men to do SO. Would any fair |
minded councilman state that a NUS |
ance and blockade of 18th street near |
Main does not exist three hours of |
the day and often at night by the |
street vender, six days of the week. |
Will any of them state that Is or /
more wagons occupying more than
half the street and the wagons on the
otherside as a stand occupying one
fourth of the street leaving one
fourth of the street for public travel
1oes not appreciably impede the ira
rel? The court held that A street, I
vide as it is in a remote part was
near SO wide and it is much more
than East A street Would
any councilman call it good street
service? Would it be tolerated for Il
on North 10th street and
would a prosecutor and the police
Jump at the chance to arrest any one
olockading that street, whether il be
store keeper or a Hveryman?
would they be shy about 1t if it was
fight near their property? Do we
iced a place for the farmers to
itch? Yes, emphatically yes, When
hey come TO town make a welcome
md then some. Lima, o., has
fought and dedicated gound on
which ample sheds are erected and
o which the farmers come and shelf
r their conveyances without money
II price.
Don't squirm Mr.. Councilman nor
augh it off, but think whether it is /.
rise to enact an ordinance that is
asily knocked out and the costs TO
ay. If you mean business do some :
hing that will be a real-for-sure ben
fit to the general trade of the town !
nd joy forever to the farmer. ,
>on't create statute for the benefit
I some corner store keeper but do .
he best thing for the general pub