The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-18

pcration, whereby the merchant gave celS
"a III trading stamps to ptlrcha sers q !,
goods. and these stamps were reoecHlaole
IN merchandise at the store maintalneo
nv Sperry & Hutchinson. These stamps
were issued to patrons at the rate Of o1le
for every ten cent purchase. me mers
chant paid the corporation at the rate OF
0fty; cents per hundred for the stamps.
In the case a issue a customer bought OF
Young dozen cans of tomatoes, paying
$40 therefor and receiving twelve trad
ing stamps. Young was arrested ana
fined $40 BY the magistrate before whom
the case was tried. He appealed to the
County Court, which sustained the lower
court and finally to the Circuit Court,
which sustained the County Court. Fin
ally the case reached the Court Of Ap-
peals, where the appellant was repre-
sented by Hon. Marshall Mccormick and
tho State by Attorney General Anderson.
Tho court In It's opinion reviews In de-
tail the contract between Mr.. Young and
the firm Of Sperry and Hutchinson. show
ing Its entire legality and which the New
Jersey firm merely undertook to advertise
and attract patronage to the store Of
Young. Tho appellant contends that the
st 2 tute under which he was fined Is
violation of the fourteenth amendment
to the. Federal Constitution. and OF the
bill OF rights Of Virginia. in that It de-
prIyes him OF his property without due
process OF law. The violation OF the Dill
OF rights alleged Is that the statute vlo-
lates the provision that mo man shall oA
deprived OF his liberty except BY the law
OF teh land, or the judgment Of his
peers. 55s' * Z L IL { IA IA 81
The Courts View. 4
The court holds that "the statute under
which this prosecution was had under
takes to prohibit and regulate and control
the business OF the defendant, and to
prescribe penalties for Its violation. It
is. therefore, both prohibitory and penal
In It's character. The only authority OF the
States for enacting such legislation grows
out of its police power. The police power
has been repeatedly held to pertain to
tho public safety. the public health or
the public morals, It follows, therefore.
that unless the ordnance IN some way
| provides for the public safety, pertains
to the public health or concerns tho pub
lie morals, It Ia not a valid exercise Of
the police power, The courts Of several
Estates have held that such statutes 50
far as they prohibit the uso OF trading
stamps arc Unconstitutional.
The court here quotes at great !eneh1
| from the Rhode Island case Of the state
W.. Dalton as to the police power; We
come then to the question whether the
act before us Is one which falls within
the police power Of the Legislature; tor
| IL 1t Ia not, 1t Is clearly an tnnlawtnl IN
| terference with private Rights" FMrthe
on the court held in that case that u ~
pertinent to observe that 1t Ia not enough
to warrant the State In prohibiting q bus
| mess that 1t is conducted BY methods which
do not meet with general approval, 40
hold otherwise the court COMMENDED N
that case would be equivalent to de-
claring that department stores We're un'
lawful, and that< would be With the
States police power to prohibit them
No Lottery Element,
| 10 contend that the business In the
case quoted involved any element OF lot
terry teh court held that 1t did not any
more than the giving or throwing N BY q
merchant of some small article, with q
/ large purchase by merchants aWasla lot
terry Since the vendor himself Isl moi
prohibited upon his offering such induce
Inent to trade there was no more ,prohlbi-
ton upon his Offering such in,
ducement through the intermediary Of 8
third party, There is no substantial differ
ence between the two methods and neither
i bears any resemblance to = lottery. The
! element OF chance which is the basa
principle in every scheme in the nature
Of a lottery, Is wholly wanting. The