The herald-advance. (Milbank, S.D.) 1890-1922, 1903-08-14
TOBACCO DEALERS
Must Sell only in Stamped
Packages. Law to be
Enforced

revenue officer, was in town last
Monday for a short time while
on his way west. Mr.. H. says
that the revenue department
has recently given instructions
that the law in regard to open
packages of tobacco and cigars,
which is now quite often violated,
will be strictly enforced here
after. The law referred to is as
follows:
SEC. 1868, as amended by section 81,
act of October l, 1890 (26 Stats, 567).
No manufactured tobacco shall be
sold or offered for sale unless put
up in packages and stamped as pre-
scribed in his chapter, except at
retail by retail dealers from the
packages authorized by section thirty
three hundred and sixty-two of the
Revised Statues: and every person who
sells or offers for sale n snuff or
any kind of manufactured tobacco not
so put up in packages and stamped
shall be fined not less than five hum
dred dollars nor more than five
thousand dollars, and imprisoned
not less than six months nor more
than two years.
SEC. 1866. Every person who
purchases, or receives for sale, any
manufactured tobacco or snuff which
has not been branded or stamped
according to law, shall be liable to a
penalty of fifty dollars for each
| o~ffense.
SEC. 3374, among other things,
provides that, ''every person who Il X n
uses, sells, or offers for sale, or has
in his possession ~ y any manufac-
tured tobacco, or snuff, without proper
stamps for the amount of the tax
thereon being affixed and Cancelled:
y shall for each such ~offense,
respectively, be fined not less than
| one thousand dollars nor more than
five thousand dollars and be i'm
prisoned lot less than six months
nor more than two years."
SEC. 1904. Every person who our
chases or receives for sale any cigars
which have not been branded or
stamped according to law, shall be
liable to a penalty of fifty dollars for
each such offense.
The acting Commissioner,
Robert Williams, in a circular
says:
The language of these sections of
the Revised Statutes is SO plain as to
hardly require explanation. Literally
construed, they permit the sale of
manufactured tobacco, snuff, cigars,
and cigarettes by retail dealers from
the manufacturers stamped packages
only, and require that these products
must remain in such original stamped
packages at all times until sold and
delivered to customers.
Manufactured tobacco, snuff, cigars,
and cigarettes found on the market
outside of the manufacturers pack
age in which they were originally
packed are subject to seizure and
forfeiture and the person in whose
possession the same are found is liable
to prosecution and on conviction to
heavy fines and Imprisonment.
Owing to the existing misunder-
standing on the part of dealers in
manufactured tobacco as to the re-
~quirements of the law, immediate steps
will not be taken to strictly enforce
the same, but an opportunity will be
afforded such dealers to remedy exist
ing evils and to get their stock of
manufactured tobacco, snuff, cigars,
and cigarettes in condition 20 fully
comply with the law and regulations.
Therefore, notice is hereby given
that any Of such manufactured articles
found on the market, exposed for sale
outside of the original manufactured
stamped packages on and after
November l, 1903, will be seized and
sold pursuant to law, and such further
action will be taken as the law
requires or the circumstances may
demand.
Internal-revenue officers are directed
to give this notice the widest possible
publicity in order that the necessity
for seizures and prosecutions may be
reduced to a minimum.
When, on or after November l, 1908,
manufactured tobacco, snuff, cigars,
or Gig arettes are found on the market
exposed for sale outside of the original
packages, the same will be seized by
the proper collector or deputy coll
lector, and the fact reported to this
Office and to the United States district
attorney, with recommends alton for
such action as may be deemed
requisite.