Every evening, Wilmington daily commercial., 1920-06-26
LEGAL ACT|ONHALTS
CLOTHING SALE IN
NEW AUDITORIUM
Manager and Statesmen Arrested
Charged With Violating
State Law.
NON RESIDENT CONCERN

Irving Friedman, aged 2S. manager OF
the Auditorium clothing sale, started In
the Auditorium at Eleventh and Madison
streets, this morning, and four statesmen,
Francis I. Conway, Daniel A. Kelly,
John Litchenbaum and Lewis Cohen,
were arrested shortly before noon today
by Policeman Edward Mcdaniel, charged
with "A violation of Article $3.50, Section
l45 of the Revised Code of Delaware.
relating to the special sales of removed
stock of goods The action was started
hv a number of local merchants. The
place If business was closed, temporarily
ai least
The warrant for the arrest was sworn
out hv Assistant City Solicitor George
y Davis before Clerk of the Municipal
Court Charles j. Coleman. The warrant
charges bringing goods into the State
uf Delaware and offering It for sale. when
tho firm is not a regularly established
merchant Of the city.
The five men arrested were released
upon their own rccognlzance after they
were informed at the police station that
the hearing IN the case would be held on
Monday morning in Municipal Court.
Clerk of The Peace John l.. Wright on
"Wednesday uf this week issued a mer-
chant 5 fractional-branch license 10 Simon
Blum Ia conduct the business at 1O2-lOi
West Eleventh street, the latter paving
1850 for the license. Mr.. Wright explain
ed today that he cannot refuse anyone's
application for n license and that the
license was issued for this reason. The
merchants fractional branch license
IS issued 90 firms whose principal offices
arc outside the State.
WHAT THE LAW sArs.
Thr particular part OF the section Of the
Code under which the arrests were made
follows.
Nor shall Il be lawful for any person
10 engage IN the sale of any goods, wares
or merchandise. within the corporate
limits of the city OF Wilmington. which
shall have been brought TO said city or
consigned TO any person in said city, for
the purpose Of the special sale thereof, as
a removed stock of goods, or for the pur-
pose of any sale thereof in any other than
a regular business manner, by regular
established merchants of the said city |;
provided that this provision shall not be
construed a, to prevent any person from
embarking In the regular business OF a
merchant by any other method than those
herein or elsewhere in the laws of this
State prohibited. And provided further
that these provisions shall not apply TO
goods and chattels shipped TO said city
from other points of the State of Della
ware
II this case is not settled before Monday
il will be acted upon in Municipal Court.
With evidence supporting a prima facle
case. the action would then go into the
Court of General Sessions Any person
found guilty of violation of the section
is subject TO fine of sl00.
Friedman, the manager OF the store,
said today that if there is any way pos
sible for the store to be reopened without
any delay, this will bc done.
MIR. Friedman, manager of the sale,
sand this afternoon, that no effort would be
made TO continue the sale today, as little
could be accomplished this afternoon in
that behalf J. Frank Ball has been re-
tained n the local counsel and with him
will be associated New York counsel of
the firm. MIR. Friedman said that they will
fight the case.
Although the sale has been stopped
MIR. Friedman explained that the build
ing is open for inspection. He also said
that from the time of opening this morn
ing until the arrests were made that the
statesmen were kept very busy. The four
salesnen arrested are local men.