Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1906-04-20
Attorney General on Trading Stamps

Attorney General on Trading Stamps
The Attorney General OF the State
has filed an opinion that the act OF
the last Legislature prohibiting the
use of trading stamps is legal, until it
is declared to be unconstitutional by
the highest State tribunal. He quotes
the substance of the penal provision
to be misdemeanor, punishable by a
fine of not less than 500 nor more
than $500, or imprisonment not to
exceed six months, and that it ap.
plies to
Whoever sells or exchanges any prop
crty or oilers or attempts 50 to do upon
a representation, advertisement, notice
or inducement that anything unidenti-
fled by or unsolicited by the purchaser
at or before the time of the sale or ex-
change, or upon representation, adj.
vertisement. notice or inducement that
anything whose precise nature is not
known to the purchaser at the time of
the sale or exchange as to be completely
beyond the necessity of any further or
other selection, or whose selection will
depend upon chance or hazard in any
manner whatever, or is to be delivered
or received, or in any way connected
with, or is part of the transaction as a
price, premium or premium gift, or who
ever sells or exchanges any property or
offers or attempts 80 to do upon repre-
sentation, advertisement, notice or in
ducement that stamp, trading stamp,
coupon or other device will entitle the
purchaser to demand or receive either
from the vendor or from any other per-
son, company, association or corporation,
any other property unsolicited by or
unidentified by the purchaser at or
before the time of said sale or exchange,
or whoever sells or exchanges any
stamp, trading stamp, coupon or other
like device upon contract to enable
the person to sell or exchange property
or attempt to do So"
Attorney Atkinson declares it to
have been the intent of the law-mak.
ers to prescribe the so.called trading
stamps now in general use in this and
some other cities in the State. In
abiding to the fact that some Federal
courts have differed as to the con.
stitutionality of State laws on the
subject, he says that it had been the
practice of all preceding administra.
tions of bis Office to hold all laws con-
stitutional until the same had been
declared otherwise by the highest
court of the State, and as the Federal
courts have generally accepted the
construction placed upon State stat.
ute by it's highest court, his duty
seemed plain that he should not feel
bound by an adverse finding of Fed.
eral court. He cites several cases in
support OF his position.
Congress, having complete and sole
Jurisdiction over the District of Colum.
bia, passed law prohibiting trading.
stamp business in that district. This
he claims must be accepted as o high
Interpretation OF what is meant by the
Federal constitution. and as showing
very general sentiment throughout
the country against enterprises of
that character.
The element Of chance that enters
into the use Of stamps is shown to
exist, from many points of view, both
in award OF prizes for patronage and
the possible loss by their use from
irresponsible dealers, who are not
barred, and who may, from inability
or other cause, fail to "deliver the
goods" He holds that the use Of
stamps leads to An unfriendiy competi.
ton OF dealers. To take customers
from rivals seems TO be . necessary
condition OF the scheme. If all used
stamps, this would cease and the
project fall from its own weight.
There appears to be very little doubt
that the principle involved finds no
favor with the general government,
when the mails are so closely guarded
against all schemes that carry with
them the element OF chance. News.
papers have, for the past quarter Of .
century, been bebarred the mails for
publishing lottery advertisements. and
this inhibition has lately been 90 much
extended as to apply to publishing an
nouncemenss OF social card parties, or
even stating the result OF games, when
even no award WAS made to winners.
II seems hardly probable that . policy
conducted upon such high principles
OF moral right and justice, can by 40 ,
official act, sanction q proceeding that
excites jealousy. envy. ill.will, and all
the evils that issued from Pandora's