The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1911-06-29
Ohio Concern Declares Itself
Ready to Test License esO-
luton of City Council
QUOTES MANY COURT RULINGS
Citizen S Wholesale Company Of Colum-
bus, Ohio, Seeks to Have City Make
Test by Arresting Its Agents
Working Hera

E-~s-sr--ss
The city officials are going to have
fight on their hands when an effort
is made to secure the enforcement OF
the resolution against transient mer-
chants and the leader in the fight is
going to be the Citizen s Wholesale
Supply company of Columbus, Ohio.
The agents of this company in Keno
sha according to the letter received
by the chief Of police have been threat
ened with arrest and in answering this
threat the Columbus company has is
sued defy to the city officials. The
letter follows:
Chief of Police,
Konosha, Wiseonsing
Dear Sir
Our representative has just called
our attention to the fact that he has
been threatened with arrest should he
attempt to deliver orders in your town
without first pro9ufinSs license.
We desire in thls connection to call
your attention to the fact that our
business with the people of your town
is interstate commerce. We will ex
plain to you in few words what in
terstate commerce means. 1t is like
this: When the constitution of the
United States was drafted there was
inserted in that instrument clause
(Clause 8, Section s, Article ID which
provided d "a sftl provides, that con-
grcss shall have the power to regulate
commerce among the states. Now
the supreme court of the United States
(Which is the court of last resort in
these matters) has held in many cases
that neither the states nor their poll
tical subdivisions can infringe upon
this power of congress, which is held
to be exclusive on all questions con-
corning the purchase, sale, exchange
and transportation of commodities in
Interstate commerce.
Well to make a long story short will
say that over in the state of Pennsyl-
vania there were some parties who
tried to prevent us from doing bust
ness in the town Of Sunbury, so they
had our agent arrested for failure to
procure license. Since it has not
been our habit to submit willingly to
any such unlawful interference with
our business, we contested the case
and lost it in every court of Pennsyl
vania, and then we took that little
case, in which there was only $500
directly involved to the supreme court
of the United States, which court on
December 18th, 1906, reversed the sew
oral courts of Pennsylvania, and held
that our business was interstate com
morce and could not be interfered
with by the commonwealth Of Peunsyl
wanna. If you wish to look at that
ease you win find it in 203 y. S. 507,
27 Sup. Ct. 159, and in the, enclosed
Circular
Now do you think that the town of
Kenosha or the state of Wisconsin has
any more right to regulate our bust
ness than the great commonwealth of
Pennsylvania The court of quarter
sessions of Lawrence county, Pa, has
said not; the quarter sessions court of
Northumberland county Pa, has said
not; the common pleas court of Indiana
county Pa. has said not; the common
pleas court of Westmoreland county,
Pa. has said not; the common pleas
court Of Blair Lackawanna county,
Pa, has said not; the common pleas
court of Butler county, Pa, has said
not; the common pleas court of Mer-
Ger county, Pa, has said not; the com
mon pleas court of Lycoming county,
Pa, has said not; the circuit court of
Kent county, Mich, has said not; the
circuit court of Muskegon county.
Mich, has said not; the police court
of Ionia, Mich, has said not: the 20
lice court Of Grand Rapids. Mich, has
said not; the police court Of Catletts-
burg, Ky, has said not; Judge Cor
don of Ludingron, Mich, has said not;
the district court Of OskaIoosa, Iowa,
has said not; and number Of other
state courts have said not.
# you still think that the state Of
Wisconsin or the town Of Kenosha,
can interfere with our business, and
II you intend to-, attempt to interfere
with it by arresting our men, we viii
thank You to SO inform US.
1t is our intention to continue 50.
5seiting orders and to deliver the