Show AUCTION m EN ENWIN WIN VII N TEST N OGDEN COURT Judge Kimball Decides City License Fees Are Prohibitive Judge Jude James N Kimball today ruled that a recent passed by the city commissIon providing license fees for auction auction- auctioneers auctioneers cers and placing certain restrictions restrictions restrictions upon them was Invalid In Un- Un Un Unless less Ic-as a new ordinance I Is drawn Grown t tonce once adopted and anG held valid by bythe the court au auctioneers In the th fu- fu fu future tore lure may conduct in the same annie manner as any other mer mer- mer- mer merchant merchant chant and slI II not be rf to pay poy tees rees lis as as required by the re- re recently re recently en eted ordinance TEsT TEsT- S 1 CASK I The ruling was wasi 08 mII made In the tho ease ano of or C 1 L Dell Bell and Hoy noy Grit Grit- Grit nn In auctioneers who brought suit against Ogden City and naked asked that district t court pass upon the validity of or the ordinance In the complaint the they charged that the ordinance e was was discriminatory and that the th tees teen sot lIet ct for tor licenses license made the auction business David ld J Wilson attorney rep rep- represented rep represented res resented the auctioneers in their thell suit while City Attorney A A W Ageo represented the th cit city The Th raso easo was argued nail and I submitted to tolie the lie court somo some weeks ago afo and taken under advisement This morning Judge Kimball ed his ruling asserting that he Je had given civen much study to the case cose He lie said that examina examina- examination examination tion of or records had hod sho shown n that thata II a statute years ears ago ngo provided for forthe the licensing of or auctioneers butIn but butIn butIn In later la er legislation governing In- In incorporations In Incorporation corporations corporation and other bu businesses the tho auctioneer alle had been dropped 1 JUdge Kimball also Iso held that an auctioneer and auction II was not clearly e defined In in the th cc- cc re recent l cent nt ordinance In regards reta-ds to classIfication Judge Kimball also ruled on the provision of or the tho or ordinance required transient auctioneers to pay poy a fee of 50 a day and held heM that amount excessive and prohibitive p there there- therefore tore there fore roro invalidating In that provision In other words the th entire naacP Is Ii Invalidated In and unless a 0 substitute ordinance Is passed there will be bp no license fees re ye- ye of or auctioneers or auction h hou ous S |