Mayor Emil Mueller and City Clerk W.P. Backer Served With Papers to Appear Before Court Commissioner Albert D. Flor at Two O’Clock Yesterday Afternoon. Ordinance Adopted by Council Recently Said to Conflict With State Law.

At the time of going to press yesterday afternoon, attorneys were making their arguments before Court Commissioner Albert D. Flor, whether the recent ordinance adopted by the city council with reference to peddlers and hawkers was in conformity with the state law relative to privileges granted to ex-service men or not.

Monday morning Thos. J. O’Brien, giving his residence and address as 104 Western Ave., Minneapolis, called upon City Clerk W. P. Backer and asked for a peddler’s license, stating that he had a car of apples on track. Mr. Backer tendered him an application to fill out. This being accomplished, Mr. O’Brien, who had shown Mr. Backer his honorable discharge, asked for the license. Mr. Backer explained that in conformity with a recent ordinance adopted by the city council, that he would have to wait until the application was acted upon by that body.

Mr. O’Brien was accompanied by Alb. Simpson. He turned to Mr. Simpson and told him to go out on the street and ask any person he met to come to the city clerk’s office as a witness. He collared Otto Schneider and when he appeared at the city clerk’s office. Mr. O’Brien asked the city clerk, if he refused to give him a license, and receiving an affirmative reply, stated that he would hear further from him. Mr. Schneider was also told that his services would be compensated for.

This was the end of the matter until a Mr. Backer and Mayor Mueller were served with papers to appear before the court commissioner yesterday afternoon, to show cause, why a license should not be granted.

State Law.

The state law in question is as follows: “No license fee or other charge shall be required of any honorably discharged soldier, sailor or marine, who served the United States in the Civil War, in the Spanish-American War, in the Philippine Rebellion, or the Boxer uprising, or in the recent war against the German Empire and its allies, for the privilege of hawking or peddling goods and merchandise, not prohibited by law or ordinance, solely on his account. Upon application therefor, accompanied by proof of such discharge, to any clerk or other officer authorized to issue such license, the same shall forthwith be granted. Every violation hereof shall be deemed a misdemeanor, the minimum punishment hereof shall be a fine of ten dollars.

Brown County Journal,

February 20, 1925

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