Evening journal., 1921-05-16
ARGUE MARKET
LAW TROUBLE
Counsel For Hicks Denies
Clerks Right TO Refuse
Permit
COURT HOLDS
UP DECISION

Argument on the question as TO
partment through the clerk Of the
market. has discretionary power in
refusing to issue permit to occupy
space in the markets was heard
by Deputy Judge Lynn. in Munich
pal Court. this morning. in the case
OF Benjamin W. p. Hicks. charged
with occupying space in King
street market. between Fourth and
Fifth streets, without permit.
Decision was reserved until
May "a.
Mr.. Hicks. after once being ar
rested on charge OF occupying
a space without a permit, returned
to the place on subsequent market
day and a second charge was placed
against him
Edward $. McAteor. cler OF the
r,arkets, has declined TO issue Hicks
a permit on the ground that the
man does not raise the produce he
brings into market to dispose OF
within the provisions OF the law.
Mr.. Lyman contended this morn
ing that Mr.. McAteer should not
have refused to issue Mr.. Hicks
permit for the space which he has
previously occupied. but that II his
client were guilty OF violating any
OF the provisions OF the market act.
he should be brought into court.
and. n convicted. his license should
be forfeited Mr.. McAteer. the at
aauIar.I
power TO refuse a permit.
1t was also contended that the
Street and Sewer Department cannot
make rules and regulations govern
inE points covered by an act OF the
Legislature. Hicks is charged with
violating one OF the rules and regu-
lations OF the Street and Sewer De-
partment.
A portion OF the act OF the General
Assembly. relating to the curbstone
markets, which was pointed out to
tho court by Mr.. Lyman. reads:
When any farmer or trucker is
already the occupant OF any such
spaces. as shown by his or her ap-
plication, and is applying for re-
allotment OF his or her old spaces
and said application is filed with the
Clerk OF the Market on or before
the twentieth day OF April in any
years, then the Clerk OF the Market
shall re-allot the said applicant his
or her old spaces as requested, and
no spaces already Immediately pre-
viously occupied by any such farmer
or trucker shall be allotted to any
I I9sHIa Na.a
the twentieth day OF April in any
year and the Immediately previou,
occupant shall always have the pref.
erence and shall always be re-allot-
! ted his or her old spaces for the
! succeeding year, provided such pre-
vious occupant shall express such
desire as shown by his or her appli-
cation filed on or before the TWEEN
tieth day of April, in any year, as
aforesaid"
Hicks. Mr.. Lyman stated. filed his
application for re-allotment OF his
old space, but no permit was issued
! him.
/ For any violations OF the provls-
ions OF the market act, fine of not
more than fifty dollars or a prison
term Of not more than thirty days
or both. are named in the Genera
Asscnbly's act.
Deputy City Solicitor Davis main
tanned that the clerk OF the marke
has the discretionary power to de
s termine who is and who is not
person TO whom a permit should b
G issued. The rules and regulation
OF the Street and Sewer Department
e applying in the case do not conhiC
with the act OF the General Assem-
a bly,, he said. but are additional there
to. The Municipal Court. he d,
5. clared. is not the place for Hicks
decide his right to a permit. stain
10 that he should take other means
q compelling the issuing OF a perm
TO him.
$ Mr.. Lyman remarked that
proposes to take steps to compel II
issuing OF a permit.