Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-30
FIGHTING TRADING STAMPS
THO Aid of the Law Is Being
Literally Called On.
CHIEFS OF POLICE TAKE A HAND
Merchants Who Give Them
Proceeded Against.
One In Massachusetts Fined &aO-The Anti
stamp Movement in Pennsyivania--An-
taGonIsm to the scheme all Along tho
IinP, from Connecticut to California.
prr eeoas E.onoml.t, peeemner ls!h.

Dry Goods Economist December 18th.
The trading stamp people are not
having an easy time OF it these days.
The decision OF the Court of Appeals
Of the District Of Columbia, reported
ia our last issue, to the OBJECT that the
business of the Washington Trading
Stamp Go. was illegal because of it's
falling under the head of lotteries or
gift enterprises, +" has been followed by
efforts TO have the law of the trading
stamp concerns in other places. OF
course, as we stated last week, the
law on which the decision was rendered
applied only to tho District of
States, while there are laws against
lotteries. there are no ordinances which
render gift enterprises illegal.
The Commonwealth Of Massach usetts
has taken action against William 4.
l'etherhr;dge, merchant of Pittsiield,
who was brought before the District
Court on a charge Of giving trading
stamps. The defence, although repre-
scented by two lawyers. did not put in
any evidence.
4 strong argument for the proaecu.
tion was made, but the judge handed
down a decision on Wednesday that the
trading stamp system is illegal, and
iinsd the defendant $40 and costa. Mr..
Petherbridge has appealed the case TO
the Supreme Court. Meanwhile several
merchants in Piitsfield have decided
to give out no more stamps at present.
In Mckeesport, Pa, }. ID. 0'Neil
has brought suit against the McKees-
port Stamp Co. charging the firm with
having violated State law passed in
1883, entitled 'tfor the suppression Of
lottery gifts ny storekeepers and others
to secure patrunage, which provides
that any merchant, manufacturer.
importer. retailer or dealer doing bust
ness within this common wealth who
Hhall offer, give or sell, or authorize or
permit any agent, salesman or employe
to offer, give or sell any purchaser or
customer any ticket or tickets, check or
checks or other tokens or memoranda,
emitting such purchaser or customer to
demand or receive money or any article
Of value snnll he deemed guilty OF a
misdemeanur, = &c. Mr.. O'Neill says
that when he gets through with the
trading stamp company le will prose.
cute other merchants who are using
the stamps. unless they cease to handle
them.
Ths chief of police OF Williamsrort,
Pa, has given notice that he will en-
force the same law. On the other hand.
il is claimed that tho statute was in
| 1889 declared unconstitutional by Judge
| Endlich OF Berks county. on tho ground
I that il does not comply with section 3
of article 5 of the State Constitution,
which relates. mo bill, except general
appropriation bills, shall be passed con
| tanning mora than one subject, which
shall be clearly expressed in its title. :"
The chief of police Of Schenectady. N.
y, has issued a notice to all persons
holding trading stamps to get them
redeanea or out of their possession In
some way inside OF week. The chisf
claims that the business of dealing in
trading stamps is in violation of
United States statute 1929, sections 40
and Al, and in violation of chapter l6S
of the Penal Code.
Purlon's DigeRt leaves the law in
| question out of tho volume, which il an
Indication that considered il an invalid
law. Judge Endlich's decision has
never peen appsaled nor disputed.
In Chicago Corporation Counsel
Thornton is preparing an opinion as
to whether trHding stamp concern in
that city Is amenable TO the law as
exercising discrimination among the
dealers and constituting an organized
effort to produce trust among certain
merchants engaged in varying lines of
business.
10 Denver the matter has been laid
before the district attorney aud it is
understood that the aldermen of the
city and the City Council have in pre-
paration an ordinance which shall place
a high license fee on tho selling Of re-
bate stamps.
In San francisco an ordinance in
tended to suppress trading stamps has
been adopted by the city government
and similar ordinance has been pre-
scented to the City Council of Oakland.
In Fort Scott, Kan. the local agent
of a stamp concern which OPERATES in
dozen cities in kRnses was arrested
on charge Of violating the lottery
Law. He was, however, discharged on
writ OF habeaB corpus granted by
Judge A bly,, who held that the etaml
concern was not operating in conflict
with the lottery law.
In Connecticut atrenuous efforts have
been made to do away with tha trading
stamp. In Bridgeport the WorIsingmen's
"A sHoclhtlon l0iDeu tine merchants III
their etforta on the ground that 10
some cases the latter were compelled tc
put up the price OF goods to cover the
cash diRcount and also claiming that
the stamp company supplied inferior
goods.
In New Haven the merchants tool
legal advice in regard to attacking tn,
trading stamps in the State courts, bu
SO far they have deferred taking THU
COURSE. While it is probable that ar
effort will be made by New Haven mer
chants to obtain legislation against thu
trading stamp system, it is worthy o.
note that a new stamp company hal
Just started in that city.
The attorney for the Retail Mer
chants Association of Chattanooga
Tenn, has submitted an opiuion tina
the merchant who gives away trailing
stamps is liable under the State Lot
terry law, but the merchants of that cit,
have failed to hit upon any plan 70
Kidding the city of trading stamps, an(
other lawyers who have been consulted
by tina association are said to he abou
evenly divided az to the legality OF th
, trading stamp acheme.