April 17, 1915 



HORTICULTUKE 



529 



LICENSE TO PEDDLE. 



In our issue of last week, page 494, 

 under the above heading, we published 

 a communiction from a subscriber ask- 

 ing if the city of Haverhill had the 

 right to ask a fee for the privilege of 

 selling plants, vegetables and other 

 farm produce raised by himself. We 

 advised the writer to conform to the 

 ordinance of the city regulating the 

 same, which brings forth the following 

 query : 



Fall River, Mass., April 13, 1915. 

 Editor ot HORTICULTURE; 



In regard to "License to Peddle," I have 

 an impression (Is it correct?) that a Mas- 

 sachusetts law provides for free and un- 

 obstructed sale of all products of the soil 

 of the State. If I am correct, has a town 

 or city a right to pass an ordinance in any 

 wav abridging this right given by State 

 law ? 



FRANK BUFFINTON. 



In answer to above we quote an ex- 

 tract from Chapter 65 of the revised 

 laws of the State of Massachusetts as 

 amended up to the present time: 



Section 15. [As amended by chapter 377, 

 Acts of 1905, and chapter S45, Acts of 1906.] 

 Hawkers and pedlers may sell without a 

 license books, newspapers, pamphlets, fuel, 

 provisions, ice, live animals, brooms, agri- 

 cultural implements, hand tools used in 

 making boots and shoes, and the products 

 of their own labor or of the labor of their 

 families, including among such products 

 fruits and agricultural products, if such 

 sale is not made in violation of an ordi- 

 nance or by-l!iw of the city or town. Cities 

 and towns, may by ordinance or by-law 

 not inconsistent with the provisions ot this 

 chapter regulate the sale and exposing for 

 sale by hawkers and pedlers ot said ar- 

 ticles, and may fix penalties for the viola- 

 tion of such regulations; and may require 

 hawkers and pedlers of fruit and vege- 

 tables to be licensed, provided that the 

 license fee does not exceed that prescribed 

 bv section nineteen of chapter sixty-five ot 

 the Revised Laws for a license embracing 

 the same territorial limits. But a person 

 engaged In the pursuit of agriculture who 

 peddles fruits and vegetables shall not be 

 deemed a hawker or pedler under the pro- 

 visions of this chapter. 



It would seem from the foregoing 

 that while a farmer has the right to 

 peddle his own products such as fruit 

 and vegetables without a license the 

 sale of plants is not mentioned in the 

 act, and from the best legal advice ob- 

 tainable any one desiring to peddle 

 plants, etc. would come within the 

 jurisdiction of the ordinance or by-law, 

 regulating the sale ot same, in the city 

 or town in which he desired to peddle 

 them. 



Horticulture Publishing Company: 



Enclosed please find one dollar in 

 payment of subscription for HORTI- 

 CULTURE for one year. I take so 

 many papers that I had thought of can- 

 celling subscription for HORTICUL- 

 TURE, but have finally concluded that 

 I cannot do without it. 



Very truly yours, 

 la. J- S. 



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