Evening journal., 1913-10-28

lpplcapte 10 lhdN ltia1Vhehf '"""'
lpply. It cannot be disputed that
mch was the law to the time of the
passage BY the Legislature Of the
Supplementary Act OF 1885.
Sales Of Goods, Wares and Merchan-
disc on Streets.
IN 1884 an ordinance authorized
shopkeepers to expose their goods
TO view on The sidewalks within four
feet from their shops. In lS43 THIS
right was extended TO the curbstones
IN front OF the shops and the space
limited TO two and one-half feet from
the curbstones, except on market
davs. In the codfcation Of the year
1863. il was provided that no person
or persons could have q stand or
place IN or upon any Of the footways,
streets. lanes. alleys or market houses
If this city for the purpose Of expos
ing OF Offering for sale any goods
wares. or merchandise whatsoever,
unless authorized by an ordinance, or
permit from Council and at the same
time shopkocpers were prohibited from
exercising their rights IN the streets
on market days until the market was
closed
section OF the last ordinance
contains the same language as quoted
above but omits the controlling cN-
preston unless authorized by ordi-
nance or permit. Several prosecu-
tions have been brought IN this court
under section T. The ordinance was
passed January 3. 1888. II frst pro-
vides that farmers and truckers ex-
rlusively shall occupy the King street
market In section II provides that
10 one shall expose for sale goods
wares or merchandise on any Of the
sidewalks, etc Then Immediately fol-
lowing in the same section there are
exceptions In favor OF owners or rent
irs OF stores and cellars. aud pro
iucers OF fruit. vegetables or other
commodities which permits selling
Hong the building lines. II we arc
20 construe the words goods, wares
md merchandise in the way they are
usually construed. farmers and truck
srs would be excluded and this cor.
aipiy never was intended. The eX'
! aression seems 10 have been taker
word for word from the early ordi
oauces but with the words unless au'
horizcd, ETC.. omitted. The only con.
struciion possible 10 give erect tc
lhc whole ordinance, Is TO hold tina
khe flrst sentence Of section Is eth.
sr intended to apply generally to all
ihe sidewalks except those used for the
markets or that il only relates to per-
sons standing against the stores OF
houses on the building line; and II
both be rejected. IL must be consider.
ID that the expression was borrowed
rom the old ordinances and was in
fa FlN
has no relation to the markets, and
should not be included in market or
iinance.
Ordinance OF 1883.
"Tbc ordinance under which the
markets arc supposed TO be governed
at this date. and under which nearly
every one has been acting. was pass.
n on the 5tb day Of January. 1885
and has been amended from time 10
time by The Council and also the
Board OF Directors ot the Street and
sewer Department, both evidently
,lsiininr the right 30 90 do.
"This ordinance establishes pubic
markets as followe:--on King, au'
Naai4on streets for farmers an
rurfcrg only on Fourth stree
he ,.Ncw Jersey Market for person
1NttOInL III New AfIN'A WNiNf ~
Fourth street for hucksters only. Of
Fourth street o. two places, for
'ruit and grain market. on KIM
itreet from Front 70 Second, q nsl
market for the sale Of fresh FISH. Al
The Council had no power TO estab.
ish any markets and as all the mar.
sets attempted TO be established
iad been IN existence for many
r ItAr
~ Of law. IL is grave question
whether the ordinance for that rea-
ION alone is not invalid, and conse-
luently most. II not all the regula-
lions In the ordinance would be in
valid.
supplementary Act Of 1855.
"The General Assembly on the 18th
Say Of April. 1885. two years after
he foregoing ordinance was passed
oassed the supplementary act in re
alton 10 the markets. which for th'
irst time placed the markets on
egal basis. and the General Assem-
'ly for tho first time assumed 10 con
rol the markets and indicate
dearly what could and could not h
lone.
"No one viii dispute that tho A,
AT fArNNHNAN II NVi HWrNAulflN Col
trolling. The act has not been r
pealed. and therefore. stands as Il
aw at this time.
The Supplementary Act provid
or the following markets 10 be Ike
separate and distinct from each 9th,
and prohibits the existence Of al
,tbers:
IL Farmers and Truckers Ma
kets on King and Madison stree
eith The right in The Council TO {
ablish the same on other streets,
It's discretion. and the act direC
The Council 70 provide for the &c
eral regulation Of the same, agre
able to the provisions Of this act
the General Assembly.
20 A curbstone' market for hue
sters to be established aud regulat
by The Council
g. A curbstone market for d
sale of products brought from Nc
Jersey. TO be established and regula
ed by The Council
"A. A curbstone market for Il
sale of fresh fish. TO be establish'
md regulated by The Council
mo one can carefully read the pr
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pIFTIRIcV