The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1938-09-29
PEDDLER ACT
HELD invalid
Judge Montague of Crookston
Holds "Green River" Act
Wholly Void.

The Green River" Ordinance, which
has been SO much talked about in sew
eral towns and cities of the state and
local merchants, suffered a body blow
in district court in Crookston when
Judge Montague held the ordinance
wholly invalid.
In his findings Judge Montague ruled
that the ordinance which forbids direct
to-consumer selling or even house to
house approach, except on invitation Of
the householder, is completely, void and
invalid He further declared his Ger
tainty that the Minnesota state con-
stitution confers no powers on NUM-
cipal councils to pass or enforce such
an act.
The case before Judge Montague was
that of Jewel Tea Company, Inc, ma
tionally famed as "the business in a
basket" against the village of Fertile,
MINI.
Accompanying his order affirming the
company's right not only to deliver its
goods direct but also TO seek new GUS
toners by home calls, the court de-
hvered an opinion bristling with points
against what he termed "the organized
effort behind the agitation" for Green
River ordinances.
"One not bound, as are the courts,
to assume that the legislative body al
ways acts in good faith might well feel
that the purpose of the ordinance in
question is not to protect the housewife
from annoyance by the ringing of her
doorbell, but to protect the local mer-
chant from competition which he con-
siders unfair" said Judge Montague.
Continuing in his findings the Judge
said: Selling from door to door is
probably the oldest form of merchan-
dising; even under conditions today it
is a useful, probably necessary form
of selling.
"Often, probably in most cases, the
first money really earned by boys in
towns is earned by selling flowers,
fruits and vegetables, nuts, berries,
papers and magazines from door to
door. 1t is reliably stated that over
one-half of all the Bibles sold ere sold
through solicitors or agents. Innumer-
able useful articles now almost univers-
ally used and sold through stores, which
never would have been on the market
were it not for the Introductory work
done by travelling solicitors and ped
dlers.
Particularly in small articles selling
at low price, the merchant cannot
cannot afford to put forth the effort
or give the time necessary to introduce
them to the public He can profitably
handle them only after public demand
has been created, and frequestly the
creation of that demand can best be
done by door-to-door selling.
Because abuses may and often do,
grow up in connection with it, it should
be and must be regulated. But this is
not enough to justify the destruction of
a useful calling, conducted in an up
right way. Agitation as skilfully di-
rected as it has been against direct
selling, might also bring about the con-
domination by the public of any profess
sion or business.
This is not regulatory ordinance.
It is an absolute prohibition"
To the suggestion that if the ordin-
ance were held valid, it should be
strictly enforced, because otherwise it
would have a demoralizing effect on
law enforcement generally, the court
dryly observed:
THAT is true. 1t will be of interest,
however, to see which of the villages
having the ordinance and situated in an
agricultural community, sacrifices itself
by enforcing the ordinance against far
mers who find it necessary to sell their
produce from door-to-door and whose
right to do so was secured to them by
Section Is of Article l of the Mime
sota State Constitution"
The Miner Sells Every Thursday