Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1922-02-23
ORDINANCE BANS
FRAUD SALES
City Merchants Support
Measure Designed to Pro-
feet Buying Public
NEWSPAPERS ARE
BEHIND MEASURE

fraudulent sales OF merchandise by
fly by-night" concerns and pro-
hibit misleading and untruthful ad-
vertising, Will, be passed by City
Council tonight on first and second
readings and probably taken up next
Thursday night on final passage.
Draft Of the measure was pref
scented to Council in committee OF the
whole last night by a delegation
/ from the Mercantile Section of the
Chamber of Commerce. The ordin-
ance has been discussed for several
weeks by the Mercantile Section,
which embraces practically all mer-
chants Of the city. and has received
its unonimous endorsement.
The delegation which presented
the draft of the ordinance last night
was composed Of Walter j. Rear
don. Of the Crosby and Hin Com
pany; William S. Clay Of the Smith
zollinger Company. and Captain c.
NJ. Dillon, assistant secretary Of the
chamber. Text Of the ordnance
was read and fully explained by
Captain Dillon. He assured Council
that the Mercantile Section would
check-up and make a thorough in
vestigatlon OF advertisements and
firms which appeared TO violate the
ordinance.
The present bogus sale" law
passed by the State Legislature. said
Captain Dillon. was utterly ineffec-
tive. The ordinance asked Of Coun-
ell, he added. was modelled after
measures which had tested out in
other cities and found OF benefit in
protecting the buying public against
interruptions firms. Mr.. Reardon
cited some Of the schemes by which
the people OF Wilmington had been
heeced by some advertising.
i The proposed ordinance was sup
ported by Councilmen Abrahams.
McNabb and evidently met the favor
of every member Of Council present.
Mr.. McManus asked IL the Mercan-
tile Section Of the Chamber OF Com
merce was ready to defend the
measure In event any merchant or
delegation OF merchants should ask
Council for hearing and protest its
provisions Captain Dillon replied
that not only would the Chamber
do so. but II would welcome any
such opposition. He further as
sured Council that the evening news
papers OF Wilmington favored the
proposed ordinance as il would serve
TO protect them and their readers.
well then" remarked Council
man McManus. I'VE will pass the
ordinance tonight on first and sec
ond readings"
Complete text OF the proposed
measure is as follows:
BE II ordained by the Council OF
the Mayor and Council OF Wilmington
/. That any person. drrn. corpora %
ton or association who. with intent
TO sell or In anywise dispose OF mer-
chandise, securities service or any
| thing offered hy such person.. firm cor
poration or association. directly or in
directly. TO the. public for sale or dis
tributon, or with intent 10 increase
the consumption thereof or TO induce
the public IN any manner 10 enter into
any obligation relating thereto, or TO
acquire title thereto. or an interest
therein. makes publishes. disseminatcs,
circulates or places before the public,
or causes. directly or Indirectly. TO be
made. published. disseminated, circu-
lated. or placed before the public, in
this city In a newspaper or other
notice. hand-hin poster. bill circular
pamphlet. or letter. or In any other
way. an advertisement OF any sort re-
| garding merchandise. securities. serv-
Ice. or anything so offered 10 the pub
lie. which advertisement contains any
/ assertion representation or statement
OF fact which Is untrue, deceptive or
misleading shall be guilty OF an onense
, punishable as hereinafter provided
o. 10 shall be deemed deceptive ad-
vertlsing and violation OF the pro-
. visions OF this ordinance. for any per-
/ SON. firm, corporation or association
/ engaged IN the business OF buying and
selling new or secondhand articles OF
merchandise. or other property. real or
personal. or In the business Of furnish
Ing any kind Of service. TO advertise
by means OF Elmer ads In a news
\ naner or otherwise such articles.
, property or service for sale in a man
nor Indicating that the sale is being
made by a householder or private party
not engaged In such business, and every
} person firm. corporation or assOcla-
/, ton engaged In any such business shall
Z In advertising goods property or serv-
: ice for sale. either through liner ads"
n or otherwise affirmatively and clearly
20 Indicate that the seller Is engaged In
!, such business and Is not a private
e IL shall be deemed deceptive ad-
vcrtlsing and a violation OF the provi-
. s.Ons Of this ordinance. for any person
p firm corporation or association. In a
r. any other manner hereinhcfore set out
. | 10 offer TO the public. for sale or dis
u frihution, any merchandise which 1,
Il secondhand or used merchandise. OF
q which Is defective In any manner, Of
! which consists OF articles or units OF
= | parts known as seconds or blemisheo
q merchandise. or which has been rejected
y by the manufacturer thereof as moi
| nrst class unless there be consnicu-
| ousIv displayed in direct connection
II with the name and description OF such
. ! merchandise and each specific article
a unit or part thereof. an unequiVoca
statement phrase or word. which vii
% clearly Indicate that such merchandise
g or each article unit or part thereof
so advertised is second hand, used, de-
n foctive or consists Of seconds. or Il
4 hiemished merchandise. or has beer
rejected by the manufactures thereo
AS not first class. as the fact may be
e ANY person. persons. firm. cor
s poration orNassociauon violating am
!. Of the provisions OF this ordinance
u shall upon conviction thereof before
the Municipal Court for the City o.
Wilmington. forfeit and pay fine o
not less than $50 or more than 500
days publication or continuance Of sucl
= untrue, deceptive ct misleading ad
10 vertising or advertisement shall bl
deemed a separate offense.
g.
Ie OPEN MEMBERSHIP Campaign
H. A membership campaign has beef
k launched by Oriental Lodge, No. 10
i Knights OF Pythias. Campaign plan
II were made at a meeting OF the lodg
'l in Pythian Castle last night. Tn
new class OF candidates will be han
IN died h,r tho nou-ix-ofacfed knights q