The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1912-01-15
IMPORTANT AND INTERESTING

The decision of Recorder Izlar in the
Fausett-Teuton case is important to
the people of Ocala, and the reasons
on which he based it are interesting.
The text of the decision is lengthy
tho as concise as it could possibly be
else the Star would publish it in full,
for 1t is very good reading for all who
take interest in public affairs.
The recorder first establishes that
the sales of meat, vegeta bles, etc, from
markets outside the city to people in
side, are covered by the ordinance as
long as the goods are delivered in the
city before being paid for. and for this
ne gives the simple but convincing
reason that If a party inside the city
orders meat from a market outside.
and the meat is lost or damaged be-
fore delivery, it need not be paid for.
The recorder establishes the fact that
the city has a right to pass laws and
make regulations for the safety. COM
fort and health of its citizens, and
make them apply to people living out
side the city when within its limits as
we'll to those whose residences and
places of business are inside it's boun-
daries.
Having decided these minor matters,
the recorder entered a wider field and
decided the case in favor of the de-
PENDANTS on the following grounds:
The city, and even the legislature of
the state. has no right to invade the
rights and liberties of the people as
set forth in the bill of rights 1.-The
right OF the citizen to acquire and
possess property. to sell. trade and
conduct business, to buy from and
trade with any one he chooses. in
any market that seems to him best, so
long as he does so without injury to
another. are among the things guar
anteed to this commonwealth by the
fundamental law"
Ordinances or regulations restrictive
of the conduct of business are JUS
titled only by considerations of public
comfort, health or safety. They must
also be reasonable, not unjustly dis
criminative nor in restraint of trade.
Ordinances will be void If oppressive
or unreasonable. The ordinance under
which Messrs. Fausett and Teuton were
prosecuted does not add to the public
comfort, but detracts from it. 1t is
difficult to conceive OF any way in
which the public safety is guarded by
it. and 1t does not contribute to the
public health.
The recorder says the public health
should be guarded by an ordinance
prescribing what sort of goods should
be sold and providing for their care
full inspection, and he took occasion to
say that we now have such ordi-
nance. but it is daily being violated.
The recorder spoke of the fact that
meat bought in Jacksonville was de-
1ivered in this city by express. and
those who sold it were clear outside
the jurisdiction of the city courts
while our own citizens. outside the
city but in it's vicinity. cannot sell
from their wagons without mourning
the penalty. This is discriminative
and in restraint of trade. and deprives
the citizens of Ocala of the benefits of
competition. 1t is true. says the re-
corder. that provision is made for out
siders to sell at certain hours. but this
discriminates in favor of the market
which can keep open a longer and a
stated time. The ordinance tends to
create a monopoly; it puts it in the
power of a quorum of the city council
to discriminate and grant special priv
i1eges to favored ones and deny the
same rights to others. Such powers.
says the recorder. ARE not favored by
the courts, but condemned and declar-
ed against in a large majority of
cases. 1t is the opinion of the court
that the ordinance under considera-
ton. as well as section in the orig
inal ordinance, is discriminative. in re-
straint of trade, deprives the people of
their vested rights of fair competition.
IS unreasonable, and in no way adds
TO the comfort or contributes to the
health or safety OF the public. and is
therefore null and void
The ordinance referred 10 is found
ON napa 155 of nnu1-
pilation of the city ordinances