Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1922-04-28
STORE SPECIAL
ALUMINIUM SALE
DRAWS $40 FINE
Recorder Assesses Nominal Pen
aIty On Churchwell's Manager
AS Odinance Violator

On charge of violating the city
| special license ordinance in selling
aluminium without having taken out
a special license for the sale of hard
ware, A. R. Royal, local manager for
ChurchweH Brothers store, was fined
$40 in Recorders Court today by Re-
corder Hollis Fort. The recorder in
formed Mr.. Royal that the fine was
merely nominal and not intended to
compel him to take out license, as
is the governing idea in most license
violation cases, he said, and he sug-
gested that if there was any objec-
ton to his decision or disagreement
with it he would be glad to permit
Mr.. Royal tc make bond and appeal
the case.
The case Was made by City Marsh
al Pouncey and grew out OF an aluml-
mum sale put on by the Churchweil
store on Thursday. The store oper-.
ates under a license specifying the
right to sell dry goods, clothing, suits,
shoes, millinery, notions, etc. There
is no general or department store
license provision in the special ordi-
nance, which would give such store
the right to sell articles not generally
embraced within its regular lines.
Mr.. Royal explained to the recor-
der that there had been no disposition
on the part of the store to violate
the city law; that the sale was one
day affair at which aluminium uten-
sils were sold at cost or less as trade
stimulator; that heretofore the store
had on various occasions sold soap,
brooms and sugar, although not en-
braced in its lines, at cost or less as
leaders, and that the aluminium wear
was disposed of in the same manner,
purely as an advertisement.
Recorder Reviews Case.
Recorder Fort replied that if any
one were permitted to sell articles
for which they had no license for one
day in the year, why could they not
do it for week or any other num-
Der of days.
"My mind is perfectly clear on the
matter" said he; "if you violate the
law one day you are guilty as though
it were fora year. The question of
profits or motive does not enter into
it. The stores that pay license, TO han
die hardware in this city are entitled
to the protection the ordinance gives
them; if you sell hardware, under the
ordinance you must come in on the
same footing. 1t is not a matter of
discretion with me. The law is plain.
The ordinance make no provision for
the sale of aluminium alone.
''If you desire redress the city
council is the body to give it to YOU
| would advise you, if you are not
satisfied, to go before the council
and ask them to make provision for
such a license. And they can refund
your fine if. they care to. 1t won't
cause the slightest feeling on my part
if they should do so, for / am merely
acting as feel it is my duty to act
under the law"
Mr.. Royal, in the course of the
discussion, stated that in large cities
department stores all handle alumi-
mum utensils, it being part of their
regular stock of goods. He said he
would pay the fine rather than carry
the case up, but would appeal to the
city council to remedy the deficiency
in the special license ordinance so as
to make it possible for merchants to
put on these special sales as adver-
tlsements without violating the law.
Cohen Case Dismissed.
During the hearing it was mention
ed that another similar case was tried
recently before Mayor Sheppard, who
had dismissed the case on the ground
that 1t was merely technical viola
ton of the ordinance.
This was a ease made a short time
ago against A. Cohen & Sons, follow
ing their similar aluminium sale, Re-
corder Fort declared that this deci-
sion had no bearing on his own, as
ne was acting according to his own
Interpretation of the law.
Mr.. Royal stated that the Church
well store pays a special license of
500 year in addition to city, coun-
ty and state property tax and other
ievies, which he believed should en-
title it to sell any article it might
care to offer.
The city special license for hard
ware dealers is SIS per year, and SIS
year for dealers in stoves, ranges
and kitchen utensils.