Evening journal., 1913-10-28


valuable as a historic resume Of tha
charter, laws. ordinances and resolutions
relating 20 the markets of the city Of
Wilmington. ! think the Council shouldl
have It printed IN pamphlet form"
Judge Churchman spent much tim0
and study in compiling his decision.
The fact that he sets forth and analyses
every statute, every ordinance and
every regulation affecting the markets
from 1889 down TO date, gives an idea
OF the manner in which he went into tho
subject His opinion is regarded by tho
lawyers as a valuable discussion of the
much mootcd market regulations. that
removes the long standing doubt which
has been raised each time prosecutions
has taken place. After devoting thirty
eight pages TO setting forth statutes,
ordinances, charter grants and rcgDla-
tions covering period of IA yoars1
Judge Churchman summarizes his ,con4
clusion as follows:
The Judges Conclusions.
"The mere perusal of the statutes and (
ordinances discloses that the legislation
concerning the markets is in q very cha
otic and confusing condition, and / haze
found It absolutely necessary 60 cite and
quote SO largely from the statutes and
ordinances in order 20 obtain anything
like clear understanding of the subiect.
/ apprehend that those using the mar
kets are deeply interested in knowing
the present state of the law, as woal as
the city authorities, who have been re-
quested by large and influential body
of our citizens TO enforce the law. | ap-
preciatc the fact that rights may have
arisen which perhaps cannot be properly
considered without full knowledge of
this legislation. These must be my rea-
sons for the seemingly tiresome and
lengthy quotations.
"The city and It's people were granted,
"a a body polite, tho right TO hold tina
markets in-l73a, by the original borough
charter Ton certain days of the week, and
since that date the markets have been.
4 so held and on tho very days mentioned
!. The original borough charter was recop-s
Z lnized by the General Assembly of the
State and amended many years after its
N date 10 has been contended thak ths
Ie rights 40 granted BY the original nhaxtal
n cannot be divested.
g. From 1893 TO 1910. the date Of tn
le first ordinance. the markets wer'
IS held under the grant of power con
O. ltained I'm the original charter, and
. from 1903 and 1910 70 1883 the mar
kets were held under the additional
Z lpower granted by the charters of 1903.
land 1852, which WIS ~to regulate the
{ markets." and from 1883 TO 1885. the
additional power to provide for mar
,kets. which latter power was never
Exercised during those years and
therefore need not be considered. sol
that IL Is clear that the legislativee
body Of the city. called The Council
from 1909 to 1883 could only 'regulate'
the markets. Their power was so
limited and could not be enlarged to
create new markets. Council could
lonly regulate the markets existing.
Therefore Il would seem to neces-
sarily follow that the many extern
sions and additions 10 the markets by
ordinances, which I have pointed out.
were invalid; and the new markets
established we're created without au-
thority of law.
Renting Of Spaces.
G "The ordinances adopted beginning
In 1910, when Council we're content
= merely to direct where and on what
}, days markets should be held. disclose
= that Council early adopted the plan
e of renting the stalls and spaces IN the
markets. This is the practice up to
, the present time, as appears by the
n last ordinance. It follows that IL
= there Is a renting, the relation OF
Landlord and tenant exists between.
s the city and the lessee Of the spaces
!; lin the markets. and the rules Of law
81 Continued on Second Page).