The Birmingham age-herald., 1903-12-11
INDICTMENTS ARE LIABLE, SAYS JELKS Governor Discusses Tax Cases Against Oil Companies PEOPLE NEED PROTECTION Executive Says That Willingness to Make a Bond Does Not Prevent
 the Introduction of Low
 Grade Oils.
PEOPLE NEED PROTECTION

Montgomery, December 10-(Special.)- "Inolctments are just as likely as the solicitors are likely to do their duty" This language was employed by Cover nor Jelks today when asked if 1t was probable that a general flood of indict- ments would be made for failure of illu minating oil dealers to comply with the state law providing for a tag on all oils sold, whether by the wholesaler or the retailer.
 Prof. B. B. Ross, the state chemist, was here today looking after the matter, which Is now before Judge Gaston for hearing, and from him 1t was learned that very few If any of the oil dealers had bought tags as required by law. It is not so much the revenue of one-half cent on each gallon of oil sold that is at stake, but 1t is the matter of getting a better grade of oil for the use of con sumers. The new law makes it the duty of the state chemist to examine the oil offered for sale, and none can be sold in the state .lat does not come up to tho test of 1D degrees Fahrenheit
 The governor had just returned from Barbour county, where he had been en- toying a few days shooting quail with his friend, former State Senator Jones Moore of Birmingham, when he was asked about the matter.
 Jeiks Talks.
 q am frequently asked if any indict- ments against the sellers of oil contrary to the law is likely' said the governor. "I have uniformly said that such indict- ments are just as likely as the solicitors are likely to do their duty. Under the law, every sale of every gallon or oil, without the payment Of the tag tax, IS Illegal and an infringement of the crim- inal laws of this state, and I doubt not that quite q number, if not indeed very many indictments will be the outcome of the present delay in observing the plain mandate of the statute.
 Last spring, after the legislature ad- ;ourned, this law was sought to be put into effect The attorney general then gave his opinion that criminal prosecu- ton could not proceed until thirty days after the final adjournment of the legis- lature. The legislature made a mistake in not putting the law into immediate effect The oil companies did not then seek to avoid the payment of the tax on any pretense that the law itself was unconstitutional, but waited until after the adjournment of the legislature to fur ther barley and delay the execution of tho statute.
 Docs Not Protect State.
 Their willingness to make A bond to pay one-half cent gallon on all oil sold, provided the law is found to pe constitu- tional, does not protect the citizens of the state from the present invasion of in- ferior and low grade oil. and this was the paramount purpose of the act. So that in effect, any bonds that companies give can not protect the state as the legisls- ture intended it should be protected.
 "A large amount of low grade and worthless oil has been dumped on this state for number of years; run out of other states where a test is required, to make victims of the citizens of Ala bama. Any visitor to any of the smaller towns where electric lights or gas are not used will find that the otherwise peaceable inhabitants are up in arms against this spurious invasion. Any sort of bond to pay hereafter a certain amount of money can not give to these citizens what they had right to demand under the late statute. It is up to the solicitors. They are in charge of crimn- al prosecutions and can either execute criminal law or allow the guilty under them to escape punishment. They will assume that all laws are constitutional and will probably act on that assumption until the highest court in this state has declared to the contrary"