The evening times., 1897-11-13
TRADING STAMPS AGAIN.
Mr.. Thomas Gilmer's Defense OF
Their Distribution.


To the Editor of The Times
In re trading stamps | desire TO re-
PLY briefly to the que>trns of -. h -
in The Evening Times OF November IL.
In response To his first question | admit
that merchants do claim IN their adveT-
tisements To give wav tradiH z stamps
Does ''S. X .'IeXpecI 10 see the truth and
not ming but the truth stated IN adTer-
,iSements? The fact j. that customers will
pay for the stamps. This Is admitted lay
-. x al the close of ms article and
this admission takes the case cut Oi the
statute.
This reminds IN. Of the story Of a drummer
who charged for auoyercDat III histTdyeiing
expense account The OvercOat was
promptly disalowed aS d personal expense
not chargeahie To the firm; bat this did
not worry the drummer. After his next
trip on the face of the account no items
were apparently charged except leslti-
mate travelling expenses, but the oveTCtat
was there all the same. maSqUefadinE as
car fare, board, etc. Trading stamps will
he paid for either through falling Off IN
quality of goods or through an increase IN
price. \ merchant may cha in one thing
in an advertisement and quite another
thing in court under oath. Section l177
K. 8, ID. C., is not violated because the
stamps are not really given away.
But even il IL were admitted that stamps
are given away. section l117 does not
apply. because the giving of stamps j. not
gift enterprise" in the meaning of he
statute.
The following rule OF Interpretation ap-
plies: when reason and justice require.
acts within the letter of statute may he
construed as without the meaning. and
acts without the letter, within the mean-
ing"
''S. h" refers 10 the license act of the
District Assembly, approved August l,
1871, for definition OF gift enterprise
That act is almost as vague as sections
1176 and l1T1, K. s, ID. c., but IL is fair
to presume that the words promise to
give any article" mean promise 10
give chance in sOIne drawing or lottery
for articles of value. Sections l174 and
I175 refer TO lotteries, and the compiIers
of the Revised Statutes of the District or
Columbia saw fit in this way 10 put lot
terieS AMI gift enterprises" m The saline
category.
Section 1176 provides as follows.
- and hereafter il shall he unlawful
for any person or persons TO engage in
said business (gift enterprise in any man
ner as defined in said act. or otherwise" +"
Ii the word otherwise" should te con-
strued literally. all sorts Of enterprises
for distributing gifts would I've prohibited,
including all charities and charitable in
stitutions.
But even if il should be held that the
trading stamp business is a gift enter
prise the law is void because it is
unconstitutional. AS stated in the pre-
aniAe, the Constitution OF the United states
was adopted TO secure the blessings of
liberty" Judge Cooley defines liberty
as ''tlIe right To do everything not harmful
to the public or to ot her indi vidtials''
The trading stamp business is not harmful
in the meaning of tile law. In the way Of
competition others may be in iurpti hut that
is perfectly legitimate.
1t is "A well-known fact that certain
firms in this city have for many years
issued To customers tickets which they
promise to redeem with premiums on pre-
senta t:ou or a certain number of tickets.
Now, the prosecuting officer suddenly ma kes |
up his mind To stop this sort Of thing. |
which has been going OH. for years right /
under his nose.
Hints are thrown out that n ease NAV h.. /
made for every stamp sold. This would 4
ruin the merchants involved. Also il mas (
been stated that cases would be prnS.- /
cuted without waiting for the decision
of the court ofappeals, to W hich cluTt a test I
case has been taken under the provisions OF 4
the act or March ., 1897. is this persactI- I
ton or prosecution?
| understand tnat trading stamps are sold i
in hundred cities W here no law has i
been found to prohibit them. ANY cid /
aw'' is good enough FOR the yoteieSs people /
Of the District of CCiuubia.
THOMAS W. GILMER.
Washington, ID. c., Nov. II, 1897.