The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-10-22
SALES By SAMPLES.
Interesting Decision fer Merchants
ri u-cE and Statesmen.

Our merchants have been greatly
annoyed by the State or municipal re-
strictions placed upon sales by sam
pies" in Kentucky and Illinois. These
unjust restrictions, which forbid the
sale or ordering of goods upon the
exhibition of samples, unless the
AGENT shall first take out a license,
have operated injuriously upon the
trade of Evansville; but our business
men have seen no way heretofore by
which they could avoid the matter.
The injustice of the laws was in dis
eliminating in favor Of the merchants
of those States, as against the mer-
chants of Indiana or other foreign
States.
1t appears that the question has
been tested in Wisconsin. and the
right to require such a license has
been decided in opposition to the pro-
vision of the Constitution Of the Uni
ted States, which provides that The
citizens of each State shall be entitled
to all the privileges and immunities
Of citizens in the several States"
The Wisconsin Legislature passed
a law last winters, providing for the
collection of a license Of twenty-five
dollars from nom residents selling
goods by sample within the State-a
tax from which persons selling goods
by sample for merchants residing in
the State were excepted. Under this
law several agents Of Chicago houses
were arrested and fined. Among 9th
ers Mr.. SAMUEL PIKE, employed by
Messrs. DoGGETT, BAssETT q HILLS,
a leading boot and shoe house, was
arrested and fined at P~lattville, in
i August last. Messra. DoGGETT, BAs-
sEpT d HILLS instructed their law.
yers to take an appeal from the judg-
ment, with a view of testing the con
stitutionality Of the law. The case,
in accordance with these instructions,
was taken before the Judge of the
Fifth Wisconsin Judicial District,
who, on the I'd instant, decided that
so much of the law as imposed this
tax was void, for the following rea
sons:
4. That the law Disseminated
against citizens of other States, and
in favor of citizens or Wisconsin, by
imposing taxes upon the fosmer for
privileges within the State which the
latter enjoy without tax; it is in vio-
lation Of Section 2. of Article 4, of
the Constitution Of the United States,
which provides hat THE citizens OIL
each State shall be entitled to al
privileges and immunities of citizens
in the several States
2. That as the law, in effect, i'm
poses a tax upon merchants of other
States for the privilege ofselling then
goods in Wisconsin, it is, to that ex.
tent, a tax upon the goods of such
merchants, aud therefore a restriction
upon commerce and in violation oil
subdivision 3, of Section s.. of Article
/, Of the Constitution of the United
States, which confers upon Congress
the power to regulate commerce
X X x among the several States
For, if the power is conceded to the
States to tax to the amount of TWEEN.
{ ,ty five dollars, they may tax to the
extent of total sec1usion of goods
from other States, and thus wholly
destroy commerce between the States.
Upon this point see the case of VIM
Ill. Crandall vs.. State of Nevada, re-
Gently decided inthe Supreme Court
of the United States, and cases then
cited.
The decision is undoubtedly sound
law, and if recognized, as it will be
when presented to the courts of Illi-
nois and Kentucky. will release the
business men of Evansville from a
great deal of annoyance and consider
able expense, in the transaction of
business with merchants Of those
States.