38

-2-

business or not may proceed to sell and deliver on the streets or elsewhere after
9:30 A.M. and until midnight following. There is no question but that
the city may require an inspection of vegetables, fruits, meats, etc.,
offered for sale within the city. It has power to require this as a
sanitary or police regulation but in the exercise of such power the city
must have reasonable regulations, as arbitary and oppressive measures
will not be valid. It is not my opinion that the court will ever hold
there can be an absolute probition of the sale and delivery of the pro-
ducts contemplated during the hours mentioned. There is no necessity
for such prohibition for such length of time as a means of protecting
the public against unsound and unhealthy vegetables, fruits, meats, fish,
or any other product until after 9:30 of each morning would be arbitary
and unnecessary restriction of the rights of property and the liberty
to deal with the same. Can it be thought possible for the grocerymen,
butchers, fruit dealers, etc., (some of whom do much of their delivering
before 9:30 under the present regulations) to make all of their delive-
ries after 9:30 A. M. without great and serious inconvenient to them-
selves and to the public who whom they serve? To enforce such measure would
justly raise a protest from these business men of our city such as has
not been made within the memory of man.

Again to require that our truck growers, especially the small
truck growers, who live without the city, who rise while we sleep and
drive to the city by day light or before with the view of getting shut of
their goods and return to their homes to work in the evening, shall drive
to our public square and stand there in the summer time till 9:30 before
being permitted to carry their products to the gates and doors of our
citizens I think would be most unreasonable. By 9:30 A. M. their goods
in the summer time would be wilted and several hours of their valuable
time unnecessarily wasted. To require them to conform to reasonable
regulations in order that necessary inspection of their goods may be
made may be all right as before suggested but to require them to stand still with their
wagon after having come to town until 9:30 in the morning in order, that
by force of the conditions, there may be a good business conducted at