The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-03-08

report. He went on 10 say lndI he now
had employed at work six inspectors; that
later these would be dropped and work
given to others of the fifteen elected by
the board that he would try to so di-
vide out the work as to give them all
something to do.
There is a good deal for somebody to
do now" suggested Col. Grimes. There
are many violations of the law in eastern
North Carolina. ! know of one place
at which 5000 tons are said to have been
sold without a tag on it. And only the
other day one of your inspectors told me
he had found 1000 sacks of fertilizer en-
tirely innocent of tags
Commissioner Patterson said he had
had no report of it.
What is the penalty in such cases?"
was inquired.
Mr.. Patterson said the dealer was SIM
ply required to withdraw it from sale
and not put it back on sale until the tax
had been paid.
Here the following provisions of the
law on the subject were read:
Section S-Each bag, barrel or other pack
age or such fertilizers of fertlizing materials
shall have attached thereto tag. stating that
all charges specified in this Section have been
paid. Any person, corporation or com
pany who shall sell offer for sale
any such fertilizers or fertilizng material con-
trary to the provisions above set forth shall be
guilty OF misdemeanor, and all fertilizers and
fertilizing material as sold offered for sale
shall be subject to seizure and condemnation
subject, however, to the discretion of
the Board OF Agriculture to release the fertilizers
so seized and condemned upon the payment of
the charge above specified, and all cost and
pense incurred by the Department in such pro-
cecdings.
Section 11.-Any merchant, trader. manufacture
er or agent, who shall sell or offer for sale any
commercial fertilizer fertlizing materials
without having such labels, stamps and tags
attached thereto or shall use the re-
quired tag the second time to avoid the pay
ment of the tonnage charge, or if any person
shall remove any such fertilizer shall be liable
to a fine of $50 for each separate bag, barrel or
package sold, offered for sale, or removed, to be
sued for before any Justice of the peace, and to
be collected by the sheriff by distress or other
wise, onehalf less the cost to go To the party
suing and the remaining half to the department;
and ii any such fertilizer shall be condemned
it shall be the duty of the department to
have analysis made of the same and
printed tags o labels expressing the true chem-
cal ingredients of the same put upon each bag,
barrel or package. and shall fix the commercial
value thereof at which it may he sold. And
any person who shall SELL offer for sale,
move. any such fertilizer, any agent of any
railroad or other transportation company who
shall deliver any such fertilizer in violation Of
this section, shall be guilty of a misdemeanor.
Mr.. Bailey-'That's the law and I'm in
favor of carrying it out. and prosecuting
those who violate it,
Mr. Patterson-"Such violations as
we've been having are usually ina1vec
tencies rather than wilful disregard of the
law. There are only three or four COM
panies doing business in North Carolina
that would, believe, wlfully defraud
the State of the tag tax"
Mr.. Stevens-"What became of the fer
10
Mr. Patterson-''I never heard of il be-
fore"
Mr.. Baley-"We are sworn to support
the law just read and | move the Com
missioner be instructed to enforce it, both
as to transportation companies and as
TO fertilizers without tags
Mr., Patterson doubted if the motion
were a wise one.
Mr.. Bailey-"Are you afraid to fight
Mr.. 'Patterson-"Not if I'm convinced
that the violation is a wilful one
Mr.. Graham-"I don't see how a Woe
tion of this regulation could be other
than wilful. ANY man with sense enoIsh
to sell fertilizers ought to have sense
enough to know that every sack of it
must have tag on it,
Mr.. Patterson-'It has been the policy
of this department to avoid litigation IS
much as possible, for the reason that
the legality of this whole department hts
never been definitely settled by the
courts; the question of the right to levy
this tax is especially in doubt
Mr.. Bailey-"Then we'd better have t
tested
A PREMIUM ON RASCALITY.
Mr.. Harris opposed the motion, saying
he was attorney for the board two years
and during that time nobody was prose-
cuted Those caught were simply re-
uuired to pay the tax and that settled
it.
Secretary Bruner said he remembered
several years ago some fertilizers We're
sold by one company and they proved 10
be inferior goods. The department called
attention of the manufacturers to the fac:
and So ton was refunded to those W!so
had bought it. This he thought better
way to settle the difficulty than by gcil3
into court.
Mr.. Bailey said such a policy as tAi3
put premium on rascality; that it vas
a system of if-you-a caught you pay, Il
you are not caught alright.
II don't want to put the Commissioner
in a false light, but l want these block
aders punished when they are caught.
Here's a letter now telling Of wholesale
blockading of fertilizers going on down on
the coast The stuff is being hauled
there in bulk by the ship load and thnn
sacked and sent out without tag.
Mr.. Patterson disclaimed knowledge OF
any such blockading and Mr.. Harris OF
jected to any cast-iron rule. He thought
the matter ought to be left to the discre-
ton of the Commissioner.
Mr.. Bailey-"Men are elected for their
sense as much as for anything else and
are not expected to act like automata.
Col Grimes-"We want a thorough md
impartial investigation of the fertilizer
business as to the cause of present rise
in prices and more rigid exercise OF he
police powers of the department in In
specting fertiliZers-both as to the failure
of dealers in paying tonnage tax and tie
imposition upon the farmers OF spurious
and dishonest goods. The farmers OF
Eastern North Carolina (however unjust
or unmerited the cause OF this opinion)
feel that they should get more protection
from this department, and that it Is too
lax in it's inspection and too lenient TO
offenders when caught.
They would I'm afraid IL left to them,