The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-04-08
TRADING STAMPS.
Merchants Listen to Arguments
Of Lawyers Before the
Governor For and
Against the Bill.
Special to ..The Jersey city News."l


Especial to t'The Jersey City News.'1
TRENTON, April s, 1898. = Governor
VOORHEES, CAV a hearing yesterday after
noon on the Francis ~Anti-Trading Stamp
bill. Grocers and merchants from all
parts of the State crowded into the Elk
ecutive Chamber to the number of prob
ably 200. The trading stamp companies
were represented by a large number of
lawyers from New Jersey and New York.
The merchants were also represented by
counsel.
The argument of the opponents of the
bill, which is designed to do away with
the trading stamp business, was opened
by Mr.. Edwards, of the firm of Edwards
& Boyan, of New York. Mr.. Edwards is
the regular counsel of the international
Trading Stamp Company. IIe first adj
vanced the argument that the trading
stamp business was a legitimate and
proper one and not in any sense a lottery.
Governor Voorhees, told Mr.. Edwards IT
was unnecessary to raise this point. If
the business were a lottery 1t was pro-
hibised by the Constitution. and the bill
would not be needed to stop II. He was
willing to assume, therefore, that it was
not a lottery. n.
Mr.. Edwards commended that the bill
was introduced with the special design OF
Wiping out the international Company,
which he represented and which was a
New Jersey corporation. There was moth
ing, Mr.. Edwards said, in the trading
stamp business which made 1t a supJect
for police regulations. 1t was neither I'M
moral nor detrimental to the health of
the community, and it was not a proper
function of the Legislature to attempt to
restrain it.
Mr.. Edwards declared that the trading
stamp business was not a monopoly De
vices similar to the giving OF trading
stamps had to be employed by the smaller
stores. he said, in order to compete with
the huge ard monopolistic department
stores, which threatened to crush them
out of existence. Such a case arose in
Newark, a delegation from the small
stores protesting to the Legislature that
the bill would mean their ruination.
Frank S. Katzenbach of Trenton fol-
lowed Mr.. Edwards, and spoke in favor OF
the bill, and will later submit a brief on
its onstdtutionalIty. He elaborated the
evils which he said the act Was designed
to remedy.
G. D. Vroom of this city. also presented
e aac sireng "a a f 5n cops agalitou in and I', other her
grounds. He submitted that it is an un-
lawful regulation of trade, and not neces.
sary to the health, safety or welfare OF
the people. and is therefore unconstitu-
tional. He read the bill. and said it's in
tent. in brief, is that no person shall give
away anything to a purchaser OF goods
dI4A IL oo LII ~
make a purchase.
If the acts intended to be prohibited by
this statute have any of the characters
tics of a lottery or of gambling, then
there is no possible need for this law, for
they are prohibited by the constitution,
and a punishment Is imposed by the
crimes act for any person guilty of any
infraction of the law in respect to gam
ing, games of chance and the Like.
If, therefore, this so-called gift enter
prise contains the element of nance or is
1AvAr7n,,f +onroa nrr11,1 of ahnnno
1T could come within the legal definition
of lottery.
If this be so, Mr.. yroom said, there is
clearly no necessity for the law, for, if to
give away anything to a purchaser fof
goods as an inducement to purchase, is
in effect a species of lottery, there Is
every opportunity of suppresslng it by
putting in force the already existing acts.
Referring to the police powers. Mr..
Vroom said hat under mere pretense of
exercising them or under any other claim
or pretense, the Legislature cannot pass
laws prohibiting harmless acts and com
shutting them crimes when they do moi
concern the health. safety and welfare of
society. He cited numerous cases to sup
port his contention.
Governor Voorhees, announced at the
conclusion OF the hearing that he is anx-
ious to decide upon his course ofSaction
with reference to the bill at as early a
late as possible.
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