State v. Namias

The opinion of the court was delivered by

Miller, J.

The defendant, prosecuted and fined for selling fruits *619and vegetables within six squares of a public market prohibited by an ordinance of the city council, takes this appeal, and claims the reversal of the sentence on the ground of the unconstitutionality of the ordinance.

The ordinance prohibits all sales in the public markets, after 12 o’clock M., except fruits and meats in limited quantities, and prohibits the sale of fruits, vegetables and other articles of food within six squares of the public markets by peddlers. The defendant is a…