Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-08

terventions of third persons or middle
| men between producer and consumer, an
Increase of cost to the latter.
THE prohibition of such scheme Is
clearly within the power OF Congress, with
in this District. and the statute under
which the prosecution has been maintained
makes ample provision for it's exercise.
The appeal OF the defendant Lansburgh
| must abide the result Of his co-defendants.
Their cases are iuscparable. Although a
regular merchant of the city of Washing
ton, he does not appear on this record as
convicted of the offeEse of offering dis
court, 4 premium or a gift to his own GUS
toners upon sales made TO them in the
| course of his business, and he cannot make
that defense. BY his contract and it's at
| tempted performance he made himself the
accomplice of the manager of the WASH
ington Trading Stamp Company-an active
party in the promotion of its unlawful
| scheme, and for that offense alone he has
been convicted
I'VE find no errcr in the proceedings in
the Police Court. and the judgment must
be affirmed, with costs"
Legal Enforcement.
Mr.. Leon Tobriner, who first suggested
! that the scheme was in contravention of
| the gift enterprise statute, took an active
Fart In connection with the prosecution
and was Of great assistance to the attor-
ney fer the District in the preparation of
the case for argument before the Court
| of Appeals. said TO-DAY:
when the Trading Stamp Company be-
gan operations in the District 1 was asked
for an opinion by large number of my
clients who had been approached for the
purpose of having them subscribe to the
scheme. 1 gave them an opinion to the
effect that the scheme was in contraven-
ton to the gift enterprise act. l had had
occasion some time before to examine the
act and was acquainted with the decisions
of the state courts in the matter.
Il then called the attention of The Star
to the law as found it. and everybody is
acquainted with the stand that TIE Star
took in the matter.
80 far as the constitutionality of the
act is concerned, there can be no ques.
ton. as Congress had complete power to
legislate upon subjects of this character
If they have no authority to condemn
schemes of this kind. the whole law against
lotteries is unconstitutional and void.
Il consider that the question is finally
settled by the decision Of the Court of
Appeals
District Attorney Henry E. Davis-"The
de cision Of the Court of Appeals in the trad
Ing stamp case is just what expected and
l cannot see how, under the law, there
could have been any different decision"
Assistant Attorney for the District James
l.. Pugh. jr.-"Of course. 1 am naturally
gratified with the view of the trading stamp
scheme as expressed by the Court of APP
peals in its opinion handed down yesterday.
was entirely satisfied that the scheme
was violation of law at the time Of its in
all in my power to apply to it the provi-'
sion Of the gift enterprise statute. The
Star took the proper stand IN the matter
and should regard the decision in the light
of an important victory"
Attorney for the District S. G. Thomas,
who. with Mr.. Duvall. conducted the case
against the trading stamp scheme in the
Court of Appeals. speaking with a Star
reporter said that the decision was the
only one that could have been rendered I'M
der the circumstances. According to MT
Thomas the result will be beneficial to
the business interests of the city. He
added that the Court of Appeals followed
the lines of the Districts brief in rendering
the decision.
Mr.. Sperry and Mr.. Lansburgh.
1.-THE trading stamp company was greatly
surprised at the decision of the Court OF
Appeals" said Mr.. J. A. Sperry,' manager
Of the Washington branch. I'VE had had
the most prominent lawyers in the country
examine the laws upon the subject and had
no reason to expect anything but favor
able decision here
Il cannot tell you what the future of
the business in Washington will be. Our
attorneys have not been consulted and we
have not conferred on the future"
Perhaps the greatest advocate of the
trading stamps among the merchants OF
Washington was Mr.. Gustav Lansburgh of
Lansburgh & Bro. In discussing the recent
decision Of the Court Of Appeals. with refer
ence to this matter. Mr.. Lansburgh said:
whilst our views differ from yours re-
garding the Trading Stamp Company's
business in this city, yet we feel that you
Of The Star upheld your principles. You,
as newspaper. questioned the legitimacy
Of such an enterprise, and had the courage
to stick to 1t. We as business people, took
our view Of 1t and adhered to our ideas.
Both had a principle to fight and though
our ideas were antagonized by you, yet we
feel no fll-wil toward The Star"
Opinions of Merchants.
IT heartily indorse the decision of the
Court of Appeals in the trading stamp
case" said Mr.. Robert Castelberg. the ave-
nue. jeweler. 1.-THE scheme was a bold one
and cleverly planned and looked tempting
to dealers. But my policy is to give what
ever discount I can directly to the Gus
toner and not by a ruse palm off some
cheap merchandise at what really amounts
| to exorbitant prices. The community is to
be congratulated and The Star thanked for
its noble fight
Robert Leding of Moore & Leding. jew
elers: Eyes, sir, am glad the Court Of
Appeals has decided against the trading
stamps. They ought to have been knocked
out long ago."
"The decision of the Court Of Appeals in