Borough of Sharon v. Hawthorne
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OE MERCER COUNTY. No. 164 October Term 1888, Sup. Ct.; court below, No. 71 March Term 1888, C. P. On March 8, 1888, it was agreed between the borough of Sharon, as plaintiff, and S. W. Hawthorne, as defendant, by a paper filed as a case stated in the nature of a special verdict: 1. That the burgess and council of the borough of Sharon on December 5,1887, enacted an ordinance “ to regulate hawking and peddling in the borough of Sharon,”…
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ERROR TO THE COURT OF COMMON PLEAS OE MERCER COUNTY. No. 164 October Term 1888, Sup. Ct.; court below, No. 71 March Term 1888, C. P. On March 8, 1888, it was agreed between the borough of Sharon, as plaintiff, and S. W. Hawthorne, as defendant, by a paper filed as a case stated in the nature of a special verdict: 1. That the burgess and council of the borough of Sharon on December 5,1887, enacted an ordinance “ to regulate hawking and peddling in the borough of Sharon,” whereby it was provided inter alia, as follows: § 1. That, from and after the passage of this ordinance, it shall be…
1Opinion of the Court
OpiNion,
Mu. Justíce Paxson :
This case involves the validity of so much of the ordinance of the borough of Sliaron as prohibits the selling or hawking within said borough of any garden, farm, or dairy products.
The right to make and enforce such ordinance is expressly conferred by the act of April 8, 1851, commonly called the borough law. If this were all, the case would be free from difficulty. But the act of 1869, P. L. 890, provides that “any resident citizen of Mercer county may, without other than a United States license, peddle farm, garden, and dairy prod uets within said county.” The…
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