Part two of a two-part series
Were there too many circuses passing through town? There were likely quite a few peddlers. Were there problems to be solved or was there revenue to be raised – maybe both? But someone could not just show up and conduct business in Houston, Minnesota. In 1889, it became unlawful for any owner, manager or agent “of any circus, menagerie, concert, dramatic or theatrical company, minstrel or legerdemain (slight of hand) performance of any kind, or for any show (exhibitions and concerts by the pupils of schools and home talent excepted) to exhibit the same within the corporate limits of the Village of Houston, or for any auctioneer, pack or wagon peddler to practice his or their calling, profession or business” without first obtaining a license from the village treasurer.
The license for shows performed inside a hall cost $2 for each day; performances in a tent from $2 to $10 at the discretion of the treasurer. Two dollars in 1889 had the equivalent purchasing power of about $55 in 2024. Auctioneers paid $2 per day. Peddlers paid $1 a day; peddlers with one horse and a wagon paid $3 a day and with two horses and wagon, $5 per day. However, if the goods being peddled were manufactured inside Houston County, there was no license or fee required.
Once fees were paid, a license would be granted in writing. Anyone in violation was deemed guilty of a misdemeanor and once convicted would pay a fine of not more than $50 plus costs or be imprisoned for not more than 30 days.
Seven years later in 1896, peddling was addressed again with longer licensing periods. The licensing fee for peddling on foot for six months was $5, for a year $8. To peddle with one horse and wagon was $7 for six months and $12 per year. With two or more horses with a wagon, fees were $12 and $20. Violators were subject to fines not less than $5 nor more than $50 plus costs. Failure to pay called for residence in the county jail “for a period not exceeding 30 days as the court in its discretion may see fit.” However, this ordinance did not apply to the sale or peddling of farm products.
For resident merchants, licensing was required for “selling, vending or dealing in vinous (wine), spiritous, malt, fermented or intoxicating liquors.” In 1890, the Village Council of Houston required a written application, specifying the location as to street or lot or block where such business would be conducted and the payment of not less than $500 (equivalent to more than $17,000 in 2024). Notice of application was to be published in a newspaper at last two weeks before the hearing on the application. Also, a bond was to be filed with “two or more sureties who shall be freeholders of said Houston County and who shall justify in twice the amount of the bond… in the penal sum of $2,000…”
It was not permitted to conduct any house, saloon, barroom or place where any of the aforementioned beverages were sold or “disposed of or given away, in a noisy, boisterous or disorderly manner, or shall permit therein any gambling or gaming of any description, for money, property, treats, drinks or other things of value.” No such business was to be open on election day or on Sunday or any day between 11 p.m. and 5 a.m. None of these liquors were to be sold or given away to “any minor, intemperate person or habitual drunkard.” Violators could have their license revoked and be subject to further legal action.
Anyone convicted of violation of these liquor laws were to be fined for not less than $25 nor more than $100 plus costs of prosecution or in default of payment, imprisoned in the Houston County Jail between 30 and 90 days.
In 1895, the Village Council added billiards to the list of business to be licensed. “No person shall operate billiard or pool tables in or at any saloon, barroom or public house within the corporate limits of said village of Houston, without first having a license for that purpose.” The annual fee for that license was $25 for each billiard or pool table in operation. The fine for violation was not less than $10 nor more than $25 for every offense plus cost of prosecution. Failure to pay called for secure accommodations in the country jail from five to 30 days.
In 1898, the Village Council prohibited the riding of bicycles and tricycles on city sidewalks. Fines ranged from one dollar to $10 and possible incarceration up to 20 days.
The maintenance of streets and roads was critical in an era before professional road crews. Every new Houston Village Council appointed a Village Overseer of Roads and prepared a list of inhabitants subject to what was called a “poll tax.” A village ordinance in 1890 said that every male inhabitant of Houston between the ages of 21 and 50, except those exempt by law, was assessed to work on the roads, a poll tax, not less than one day nor more than four days each year. Eight hours constituted a day’s work. However, one could provide “an able-bodied substitute” or commute part or all of his obligation by paying a dollar a day.
The overseer was to give at least three days notice to those assessed a poll tax of the time and place, when and where to appear for that purpose and with what implements. Failure to appear or commute resulted in a fine of $2 per day. If not paid within nine days, a warrant could be directed to the sheriff or any constable, requiring him to arrest any delinquent and bring him before a Justice of the Peace. If adjudged guilty, the defendant was fined plus cost of prosecution. Failure to pay would result in confinement in the village watch-house or county jail for a period of not less than one day.
Lee Epps earned a master’s degree in History at the University of Michigan (1968) after receiving a bachelor’s degree in History from Oklahoma State University (1967).
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