Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1911-05-11
TO TAX IT|NERANTS'
Decision of State Tribunal De-
fines Power of Town Councils
THE LOWER COURT REVERSED
Supreme Court Holds That Even
Though Parties Are Located
In City They May Still BE
ltinerants.


ltinerants.
Des Moines.-The supreme court,
In decision just rendered, has de-
dned the term transient merchant"
so that hereafter city and town coun-
ellis can have no trouble in ascer-
tanning what merchants can be com
PEELED to pay an itinerant merchants
license.
The case has an interesting fea-
ture in that while the court revers-
ed the judgment of the lower court,
the lower court judgment must stand,
SO far as the results of the trial are
concerned.
The case was that of the town OF
Scranton against Lewis Henson and
]. L. Black, accused Of being timer
ant merchants and selling goods
without obtaining the license provid-
ed for by the town council.
They were convicted by the may
or, but appealed to the district court
which acquitted them. The supreme
court reversed the district court as
to its propositions OF law, but as the
offense was semi-criminal the results
of the acquital cannot be changed.
The court, defining an 'itinerant
merchant" uses the following lam
guage:
"Thraa thipoe v,,ct 1a norc;darad
First. the kind of business; second,
the place where 1t is conducted;
third, the duration or intended dura-
ton thereof. If the business was or
was intended to be intermittent in
character and not permanent, then
the seller is an itinerant vender and
not permanent tradesman. And 1t
makes no difference that he has his
residence in the city or town where
he offers the goods for sale"
The ruling is important as It set
ties the question of whether a man
living in city can buy a stock Of
bankrupt or other kind OF goods, open
a store for sixty-day sale and then
quit the business and yet escape the
license tax which many cities and
towns place on itinerant merchants.
Auctioneers to Meet.
Auctioneers of Iowa will meet In
state convention in Des Moines on
Friday and Saturday, May 26 and 81.
The state has been divided into
districts and efforts have ben made
to notify every crier in the state of
the coming meeting. A large con-
vention is expected.
Bills for the benefit of the profess
sion, to be introduced later in the
general assembly, will be drafted at
the meeting.
The officers are: President, c. f.
Luther, Grand Junction; vice-presi-
dent, T. A. Wildman. Perry; secre.
tary, H. A. Dunlap, Iowa City; treas
urer, Sim T. Huber, Sioux City;
chaplain. Major Marshall, Mount Ayr
Program committee. N. Gibson,
West Liberty; Thomas Marshall
Iowa City; Fred Morrison, Lone
Tree, and H. A. Dunlap, Iowa City
Supreme Court Decisions.
j. X. Lawrence ct al, appellants,
VS.. Page county supervisors; Page
district. Affirmed; opinion by Nc.
Claim.
J. Robert Waller ct al, VS.. Sadonia
Hosford ct al, appellants; Dubuque
district. Modified and affirmed; opin,
ion by Ladd.
]. A. Smith, appellant, VS.. Packard
q Co.. w. S. Packard and o. c.
Steinhauser; Polk district. Revers-
ed; opinion by Evans.
Dubuque & ioux City Railroad com
pany VS.. ]. w Mitchell, county treas.
urer of Pottawattamie county, appel
liant; Pottawattamie district. Re
versed; opinion by Weaver.
tate VS.. Joseph Brandenberg, ap.
pellant; Dubuque district. Reversed;
opinion by Deemer.
Carroll Has Ten Days Vet.
Governor Carroll has ten more
days in which to sign or reject the
bills which are now on his desk. Ow.
ing to his work in adjusting the Mus
catine labor trouble he has been un.
able to give any Of the leftover bills
his careful consideration.
There is much speculation as to
whether he will veto the omnibus in
surance bill, designed to correct
antiquities in the insurance law.
That he is opposed to many pro-
visions of the bill Is known but wheth'
err he will consider that opposition
sufficient to induce him to veto the
entire measure Is unknown.
The Clarkson mining bill, re-writ'
ing the mining laws Of the state. a.
so remains unsigned.
Pain Show for the Fair.
The state fair board have closed
a contract with the Pain Pyrotechnic
company for the production of THE
Last Days of Pompeii" at the state
fair this year. This will be one OF
the night shows which will be given.
Charles H. Duffield, who represent
ed the Pain company before the
board. declared that the Pompeii
show will be far greater and more
spectacular than has ever been seen
here before. One of the features OF
the show is ballet of forty girls
which is carried.
Accused Of Selling Misbranded OIL.
State Dairy and Food Commission
or w. B. Barney last night filed In