Evening journal., 1913-10-16
CITY LOSES
OUT AGAIN In
MARKET CASES
Hicks and BuCkSOn Dismissed
Because Of insufficient
Evidence
COURT POINTS OUT
LAWS DIFFERENCES

In city NOufi toudlt juutt NhuANh-
man dismissed Benjamin Hicks, a
farmer. charged with allowing his
wagon to stand in King street after
two o'clock on market days, and Har-
ry Buckson, who was charged with
offering for sale goods in the curb
stone markets. that he did not raise
on a farm, owned, rented or worked
by himself on shares.
The charge against Hicks was dis
missed, because the information filed
against him did not stat that he was
engaged in farming. Tho charge
against Buckson was dismissed as IL
was not shown, nor proven, that. the
goods he offered for sale here on Oc-
tober 8. were traded In by him at his
store in st. Georges.
In dismissing the case Judge
,Churchman declared he had spent a
good part of his time since last
Thursday looking up the law on the
subject. and he would not be able to
finish his task in the other market
cases until today week. The Judge
further said that under the statute,
las passed in 1885 by the Legislature
two years after City Council had
passed an ordinance governing the
market, none but farmers or truckers
could stand i'm the curbstone mar
kets, yet under the city ordinance,
Section No. / only fruit vegetables,
meat and poultry are allowed TO be
sold in the markets. This ordinance
forbids all farmers and truckers from
selling eggs, as eggs are not mention
ed iIl the ordinance.
The court said there were a great
many Inconsistencies in the law,
among them being statute that In
case a person Is deemed guilty Of
Violating section No. 1 he should be
hold for the Court OF General Ses-
sions. yet no provision was made for
| a nnc by that court In one section
only. No @. which deals with the
selling Of meats, Was a penalty pro
vidod.
The case OF Jacob Zimmerman, cit
councilman Who rs charged with VIC
Hating section / and section Z of tn
lordlnancc the court said u was n,
lrcady TO give decision and unit
lihis Is ready. Mr. Zimmermann's cal
as wa as that of Michael Pales
, lchargcd with violating section wi
not be disposed o. Both cases We
lcontinucd until next Thursday.
Mr. zimmerman Is represented !
q Robert G. Harman and this morniu
o Mr. Harman said that when the Legi,
& iamre passed the act in 1855 il wa
, the intention OF that body TO hay
Council establish new ordinances 70
, the government OF the markets Judg
Churchman declared the Legislature
- 4 "a. ~
market and further, IL had provide'
for the establishing OF three othei
markets.
palese, who is accused of violating
Section Z, which provides that no on'
shall offer for sale goods, merchan
disc or products on the streets o
the city, is represented by Forme
Congressman William H. Heald.
Mr. Hicks, charged with allowin
his wagon 10 be backed up TO the cur
in front Of No 4OS King street. afte
o'clock .. m. on Saturday. Octobe
r A. He pleaded guilty through Willial
=. Lyman William Parvis, clerk {
The markets. said the permits for II
! stand was made out in the name {
Ellis Hicks.
, David II. Powell who swore out II
warrant. said Mr.. Hicks was sellir
beans and eggslon Saturday afternoo
October 4. Mrs. Viola Windle bo
e this out.
Miss Kate Patton was asked by A
sistant City Solicitor Lynn IL she kne
, whether Mr.. Hicks was a farmer. N
= Lyman objected. and Il was subs
quently brought out that the inform
tion flied did not state that Mr. Hic
T. was a farmer or trucker. The cou
. said this was necessary. The sta
& Continued on Page Ten.