Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1909-12-09
THE ADVERTISER is Responsible.
Under Law Can Be Held for All statee
mcnts-About Frauds.

trict attorney Of Dallas, Tex, recent
ly told the members of the AID Mems
Club of that city some interesting
facts regarding the use of advertis-
ing for fraudulent purposes and OF
measures being taken to drive out
the evil. In a way Mr.. Atwell blamed
the public for much of the crooked
work and told how it might do it's
part in helping the government ex-
terminate It.
In the course of his remarks Mr.,
Atwell said:
Humanity is universally restless.
There Is nm ever present desire for
change and mn uncomfortable desire
TO get 1t. The whole world wants to
buy. All alike feed and make or
break upon tho Insanity to swap dol
lars for something that is not money.
The most approved and sane method
Of bringing about the exchange is to
use the press and popular periodical.
There are many municipal nuis-
ances. not tho least OF whom Is the
advertiser who filters the street with
dodgers and handbills. Such an adj
vcrtlser deserves commercial failure.
The legitimate method OF advertising
is the great press family.
The trainers OF the American Con-
%stitutlon recognized the sacredness
and Importance Of the press in that
amendment which provided that Con-
gross shall make no law aoridging the
freedom Of the press.
SO Z%ealously was this constitutional
safeguard loved that even when the
morals CT the people demanded the
death CT the lottery many courts and
judges and Congresses refused to pro-
kib!t the use OF the press to the lot
terry men, and it was not until 1890
that the American Congress, for the
purpose CT bringing about the great
moral movement, declared contra
band su:i newspapers as contained
lottery matter; and the question was
rot finally determined until the SUI
preme Court of the United States in
the jackson, Horner aand Rapier
cases upheld the constitutionality Of
the legislation.
The man who places an advertise
E!ent in the paper makes a PROPOSE
ton to the public, the acceptance Of
which gives rise to a contract of sale,
which is governed by the same laws
and decisions that regulate and de-
termiae the effect of all contracts.
One who Gdvertises a domestic to
contain sixty-fonr thread to the
square inch, and ships a shoddy arti-
Gle containing less than that number
OF threads, has practiced a fraud and
is liable to the purchaser.
+ There can be no sort Of doubt that
any representation made by an adver-
tiser Of the Kind, quality and fneness
c. Ills wares becomes q part of his Of
fer to sell Or trade, as the case may
be. If the purchaser views the arti-
Gle, then he doubtless acts upon his
own judgment; but if the defects be
latent, hidden Or otherwise secreted
from the detection. OF the purchaser
t-ere is an implied warranty, upon
which the swindled purchaser may
recover.
II the purchaser expenGs time and
car fare and trouble to inspect an adj
vcrtised article, upon which inspec-
ton lie finds the article to be Of
lesser grade than the advertisement
spoke, 1 have 10 doubt that he could
recover from the advertiser a sufTi-
Gent sum to pay for his time and
trouble and car fare in making the in
spectio2.
Its efficiency and tho universally
OF lis use render it a powerful I
CINE for the use CT the INSCRIPTIONS.
There was passed some years ago
q criminal statute designed for the
punishment of those who used this
great public utility fraudulently.
Congress provided il one short
line for the establishment of post o.
fees AID pest roads. From this terse
provision has sprung, by appropriate
Congressional action, the vast postal
system Of this country, the daily bene-
fciartes Of which are our ninety mill
lions Of people,
When - aGyertlses an article and
Represents It's merits or quality o. du-
rabtlity, and the purchaser, without
viewing, relies upon the advertise
ment and buys, and the article proves
to be worthless or defective, or of
less grade than rs represented in the
advertisement, there is no legal cues
ton OF the right Of the purchaser to
recover.
In the last few years, however,
American ingenuity (Which is not al
ways benevolent and good) has made
such immense use of the mails for de-
fraudins that the penalties OF the
statute have come to be recognized
IS decidedly inadequate to sufficient
ly punish this class.
Practically every newspaper IN the
United States makes use Of the mails.
When an advertiser makes repressn-
tatio1s in his advertisement that are
untrue, and saca advertisement goes
to the purchaser through the United
States mail, serious trouble awaits
tie advertiser.
When he knowingly Ilisre2resents
what he has to sell and makes such
Misrepresentation in the press,
which he knows will be carried by
the postal service, he makes . prima
fncta noca oooipc. b;p,-o1f So, Lo,u-