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Show CITY WINS LICENSE CASE The rase of the City .of .Ogden ogaln6t F. W. Wocfter, on the charge oj conducting a second hand 8tore in Ogden without a license, was taken up In tho district court thU morn-insr. morn-insr. and after hearing the testimony tho court found the defendant gulltv 8nd sentenced him to pay a fine of ' Ji, the amount of the flno having been j previously stipulated. The defendant states that be will j appeal the-care to tli si. m court. I The testimony given . by. th city, the witnesses blng License Assessor j Carl Allison and his Deputy John Walker, was that the dofoDdant has I been, and now Is, conducting a bml 1 hops on Twenty-fifth street, between j Lincoln aud Wall avenues, In which he carried second hand goods, with-I with-I out a license. Tho witnesses could net say that the defendant had ever sold any of the goods In question but that the place of business had the appearance of a placo where the things on hand were for sale. The good6 were displayed In tho windows win-dows and In the storo rcora, on shelves pnd on the floor. It was also stated that Mr. Wecker refinsed to pay a license for the handling of secondhand second-hand goods, stating to the license as-Kossor as-Kossor that he carried only about $1".' worth of goods 1q the store and that if he were to pay $inu as license. It would not pay him to continue h!n business The defendant testified that he is in business as stated by the witnesses for tbe prosecution, but that he has not been conducting a second hand s'.ore. He said that !' or S per cent cf the goods he has for pale are new goods, he holding to the idea that be should lie classed as a merchant rather thau a second hand dealer The city merchant s license law provides pro-vides that merchants of a certain cluss. embracing general merchandising, merchandis-ing, where new goods are bought and joM. shall pay to the city a graduated graduat-ed license, based upon the valuation of the capita) invested, but a flat license 's fixed against second hand dealers. Mr. Wecker contends that his place I of business should be classed as mer- chnmllslng rather 'ban as that of a second hand dealer, which would greatly reduce his license, in this contention he maintains that be has b-'en unjustly discriminated against ami to settle the matter will carry the question to tho supremo court of the state. - The case of the City against Ceorge McBride. embracing the same propo sltlon. was also considered by tbe 1 court and the game decision rendered n in the Wecker caso. These cases were both heard In the municipal i court, verdicts of guilty being rendered rend-ered and appeals tako-n In each instance. in-stance. The McBride case will also biv. appealed tto the higher court. |
