The Montgomery advertiser., 1903-11-29
HE COMPA WILL BE SUED Statc After ROckcfeller's
 Corporation. T0 TEST TAG TAX LAW. Standard Company is to Be. Made Defendant. Axternsy General Massey Wilson is Preparing Papers to File tn
 the City Court of
 Montgomery.

The Standard oil Company will be the uuh5ock of two attacks in the courts by tho State of Alabama in an effort to bavo enforced the oil tag tax law.
 Attorney General Wilson in the name If the State win bring civil suit VIII at the same time institute criminal proocedings against the company for ehe violation of the oil law. The papers Tor the suits have been drawn and they Nfll be filed Monday.
 It is the purpose of the Standard Oil Company to test the law. The conten- tiou will be made that the law Is un- constitutionaL It is claimed that the law 1n void for the reason that it is enacted under the police powers of the State. and that the tax made for examination D entirely out of proportion to the serv- 4ceG performed. It will be contended by xhe attorneys for the Standard on Com pany that the charge of one-half cent for the examination of every gallon of oil Inspected or examined is more than is necessary for the service.
 The oil tag law was enacted by the last Legislature. It has been until now 1neffective. No company or dealer in the State has complied with its provis- lon. It has until now been ignored.
 Governor Directed Suits.
 After giving the companies and dealers ample time to comply with the law Governor Jelks and Auditor Sowell de- xermined to have the courts see to its enforcement. Acting under the instruc- eions of the Governor, Attorney General Wilson has prepared the papers for the civil and criminal suits against the Stand ard Oil Company.
 The law declares that every gallon of oil sold in Alabama must first have been examined by the State chemist at the. Alabama Polytechnic Institute to ascer- tain if 1t has the required degree of fineness. 1t is provided that oil may be examined in bulk in tanks, tags being secured for the total number of gallons in the tank. After an examination all the oil must be tagged officially. The charge for this examination and tagging was placed at half g cent for each gall Ion. The. law provides that it shall be unlawful for any company or dealer to sell untagged oil. Under it's provision the company which sells untagged oil, in. bulk Is equally liable with the dealer who sells the same oil to the retail trade. Violators of the law are subject Co both criminal, and civil suits
 The test suit is to be made against the Rockefeller company. Both suits will be brought in the courts of Mont- gomery. The Montgomery agency of the Standard Oil Company is in charge of Agent o. E. Ament The civil suit will be for nominal amount and the crimi- nal suit will not be urged for the forced payment of a large fine. The suits are brought for the testing of the law for all Aime. It is supposed that they will be earried to the Supreme Court before they are finally settled and the decision made that the law is either void or opeHative.
 Solicitor VIII Prosecute.
 The criminal suit win be prosecuted by Solicitor Hugh Dent Of the City Court of Montgomery with the advice of At torney Genera Wilson. The law provides 1n 1t vioiators of the law may be prose- ruted before justice of the peace or or before the Grand Jury of the City
 It has been decided to first bring the criminal prosecution before Judge J.. B. Gaston of the County Court of Montgonn- cry. The case will be appealed no mat Ger which side wins it. to the City Court Of Monksomery,I and afterwards to the Supreme Court of Alabama.
 Under the penalty provision of the law each dealer or company selling untagged oil ig subject to a fine of not less than e50 ncrS fnoref than $5Oo for each gallon ssT The cisii suit to recover for tn. tax that should have been paid on oil al- ready sold will be brought in the City Court of Montgomery by Attorney Gen. eral Wilson.
 The papers in both suits would have been filed yesterday. but for the fact that Solicitor Dent was so engaged in the City Court that he could not find time for q conference.