The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1896-04-13
HOKEY PoKEY BARRED.
Dealers In Tha, ssveraze LIa.iie 60 Prose
eutlon Notwithstanding They Have
Paid On Internal Revenue Tax.

II will be remembered that Laagran
Bros, of this city recently published
n letter in the ARDMoRKTTR bearing
on the demand made on them for an
Internal revenue license on the sale
in the Indian Territory of Hokcy
Pokey, in which they claimed their
goods are non-taxable but advised
their customers to pay the license
under protest. That letter induced
Willisms & Gibson, dealers of PauIs
Valley, TO write United States At
torney Taliaferro and ask his opinion
which is given below in he reply
and also n letter from the acting
commissioner OF internal revenue
and from which Il will be seen that
those gentlemen do not tale very
kindly to the proposition OF the
Messrs Langrau. The letters in
question are as follows:
MEsscs. WILLIAMS & GIBSON.
Gentlemen-I herewith enclose YOU
letter from the commissioner Of
internal revenue, with reSasd to the
issuance Ct license to sell malt liauo.A
in the Indian country. AS you w:ll
observe, he states very plainiy that
this is not intended a. n protection
10 parties who sell Il, and does not,
i'm any sense Of the word, relieve
me ON the responsibility and duty
OF prosecuting parties who sell. !
regret that this department has not
conceived IL to be it's duty TO have
revenue agents decline TO sell pessics
license in the territory, but this will
moi prevent me irol having parties
indicted and prosecuted, who shall
make sales.
l take great pleasu.e in saying tEa,,
under my view of the law, the sale
OF these light beers Is prohibited "
the statute, and / shall not hesitate
to prosecute persons for selling,
whether tney have taken out license
or not. would be glad IL YOU could
in some way, make this public.
nave no desire whateve. TO prose-
cute persons who are unintention-
ally sui'ty Of violations OF the law,
but upon this question almost every
T person in the territory is falls al
vised. IL with this knowledge OF the
law, they continue the sale Of these
I prohibited articles, they must eSpec;
I prosecution Tor such violation.
have the honor TO be,
Very respectfully.
;. TALIAFEEEo.
L. ). Attorney.
I The purpose of the special tax is
iully explained by the acting com
missioner OF internal revenue in the
following letter:
I WASH. SeTCN, ID. C., March 20 80.
Si.,-Your letter Of the l9,h inst hiss
been received, enclosing letter nd
dressed by Lahg.an Bros, Of A-d-
more, Indian Terrific y, to the Hon.
David E. B.vant, Lnited States
/ judge OF the eastern dist- ict OF TexGs
/ (which embrace the Chickasaw and
Choc,aw nationsl relating TO a de-
mand notice served upon them by
the collector OF internal revenue At
Leavenwo-,h, Kansas, to pay special
tax as malt liquor dealers under tie
internal revenue laws OF the United
States on account OF Their sale OF n
light fermented matt liquor called
"hokcy-pokey, " which beverage they
say they "have been wholesaling'
for two years last pass. They deny
the Legality Of the exaction OF this
special tax, on the ground that the
issuance Of the stamp 10 them would
be licensing them TO do an unlsw-
full business" as the law now in
force makes il a crimina' offense fer
any person in the Inaian Territory
TO sell or give away either malt OF
spirituous liquors, or to introduce
them into the terl itory. This den.ai
il based upon an entire misconcep-
ton of the force and effect of the
internal revenue laws relating "a
special taxes. These laws extend TO-
and are required to be uniformly
executed in every part Of the United
States, including the Indian Terri.
tory (which was consolidated with
the collection district of kansas by
executive order OF May 29th, 1895.
They require pay lent OF special taz
by every person, in every strie Ci
territory, who engages in the sPie oi
distilled spirits, wine o. malt iiquo e.
irrespectively of the question wnetE'
er his selling is lawful or uniawiu
under the local laws.