Evening journal., 1908-07-31
OPINION ON STREET
MARKET LAWS
City Solicitor Townsend in
Communication to Council
Defines Legislative Acts

street market laws. matter brought
70 the attention OF Council by Clerk
Of Market Cook. CITY Solicitor Towns
end IN a communication TO Council last
night stated,
In accordance with the request OF
the clerk Of Council that I give you
an opinion relative to the right Of the
chief Of police TO cause arrests to be
made for violations Of the statutes and
ordinances governing the public mar
kets of the city. desire to inform your
honorable body that any person. wheth-
er a public officer or not, may cause
the arrest Of any person violating any
provision of any ordinance or statute
governing the markets Of the city
where n penalty or fine or imprison-
ment follows conviction for such viola
ton. Such arrests. however, should
be made by virtue OF a warrant duly
issued after complaint made under
oath.
have also been asked by certain
| members Of the Council to give a con-
densed statement showing the provi-
sions of the statutes and ordinances
governing the public markets now in
force in order that the Council may
have sufficient information upon which
to frame new ordinances governing the
public markets and particularly the
Jersey truckers market.
In doing this I shall give the es-
sential provisions OF the statutory or
charter powers governing all markets,
and the ordinances relating TO the To-
cation Of particular classes of markets,
in order that you may have information
upon which to frame row ordinances,
II desired for the more rigid enforce
ment Of the statutory provisions, and
for the .re-location OF the New Jersey
truckers. and the truckers markets.
The authority of the Council to
create public markets is contained in
section 81 of the city charter, and in
chapter 900, volume II, Delaware laws
passed April 10, 1885 Hy the former
act. Council is given power "To erect
market-houses. and to provide for and
regulate markets." The provisions OF
the latter act are substantially as fol-
lows:
King street and Madison street are
established as farmers and truckers
curb stone markets. Council is author
lied to establish other public curb
stone markets in addition to those ON
said mentioned streets. -Four kinds
of markets are provided for as fol-
lows:,
lone or more TO be occupied solely
by farmers and truckers whose prlnci-
pal business IS the raising OF farm pro-
ducts or truck Such curb stone mar
kets are to be used only by farmers
and truckers for the sale OF fruits,
vegetables, fowls and other farm pro-
ducts and meats from animals raised
or fed for a specified time on lands
occupied by such farmers and truck
ers.
2-One market for the sale Of fish.
3-One market exclusively for
hucksters licensed to sell goods. wares
and merchandise.
4-One market to be used exclusively
for the sale of the products brought
from the State of New Jersey by the
producers of such products only.
The act provides further; That no
other curb stone markets shall exist
within the limits of the city; that said
four markets shall ne kept separate
and distinct from eaql other: that
Council shall nave authority TO pre-
scribe the time of holding markets and
provide for the regulation of the same;
that Council shall provide for the allot-
ting Of spaces in the farmers, and
truckers markets, and grant cer,it-
Gates authorizing the holding of said
spaces upon payment &C certain fees;
that no person shall aNpose for sale
In any farmers or truckers market,
any beef. pork or mutton unless the
same shull have been sed upon the
lands occupied by such person for at
least ninety days before slaughtering
the same: that no person shall expose
for sale in such market any veal meat.
except such be the product Of the per-
sons own cows, kept upon the lands
occupies by such person; that no per-
son shall expose for sale in any such
market. more than six head Of beef
cattle in any one year; that no per-
son shall expose for sale in any such
meats until he shall have taken oath
or affirmation that he will comply with
the three last mentioned provisions.
From the subject matter above sub
mitted. IL is apparent that the Legls
lature intended the farmers and truck
ers curb stone markets to be used eX-
clusively for the sale OF fruits. vcge-
fDles. fowls and other farm products
Ased on the farms OF such farmers
nd truckers. and meats from animals
raised and fed as above specified; and
that the products sold in the Jersey
markets. must be produced by the pe--
son selling the same.
These are explicit provisions Of the
law, and it is the duty Of the clerk OF
the market. and the right Of any other
person TO have them enforced.
The provisions above set forth are
/ bv virtue Of legislative act. and the
! Council has no power, whatever, Il
change or modify such provisions
I Power is given however. to regulate
/ the markets. and TO locate additional
markets. This, of course, must be
! done by ordinance. While the last
mentioned act refers TO cne market foi
the sale Of fish. one for hucksters, and
one for New Jersey truckers. the gen
eral charter powers do not limit the
| Council to that number of markets
and the fact that the Council by ordin'
ance. has established End located q
market, does not mean that suci
ordinance may not be amended or re-
pealed.
The Council therefore has power tC
abolish, enlarge. or relocate any mar
ket. with the exception of the farmers
and truckers markets on King and
Madison streets these two being es'