Fort Worth Daily Gazette

Considerable discussion has been caused among lawyers by the decision of Recorder Feild in the case against Henry Schwartz for keeping a pawnbroker's shop without license. Defendant was first tried before a jury, convicted and fined $10. Afterward he secured a rehearing and was discharged by the recorder, who decided that the ordinance was defective and that no authority could be found for requiring a license of a pawnbroker. It seems that in the codification of the ordinances this clause of the taxation ordinance was omitted. The new ordinances contain a provision that all ordinances not therein included are repealed, except those which refer to the subject of taxation, which are not to be affected. Recorder Feild construes this to mean that taxation ordinances which are not included are not affected, but that those which are included must stand just as they are in the new code. The occupation-tax ordinance was transferred, and by some mishap pawnbrokers were stricken out in the change. City Attorney Capps contends that the repealing clause in the new ordinances excepts taxation laws entirely from its operations, and therefore the question of its inclusion, or exclusion does not affect them one way or the other; he will carry the matter to the county court. If the ruling of the recorder is sustained, the pawnbrokers who have paid occupation tax can recover the full amount of the tax from the time the ordinances were codified up to date.