The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-09-30
CHECK ACT WAR
time RELIC
CARRIED ALONG IN STATUTES
JAA Ill 8 g4sN ~ Jksf
FROM DAY WHEN GOVERN
MENT WAS IN MONEY STRAITS
STEPS FOR REPEAL OF.

49, EE,t -s#4Earee# .Hl
WASHINGTON, Sept. 29.-The
federal statue prohibiting the writing
and issue of a check for less than 81
is a real law, but dead as far as its
efficiency goes.
Both the treasury and the depart
ent of justice have been SO deluged
with letters of inquiry from ali parts
! of the country asking If there is any
truth in it, that they have investiga-
ted the recently published statement
that the revised penal code of the
United States make It a penal offense
for anyone to issue a check for an
amount less than one dollar after
January 1 next, when'sthe new penal
code takes effect. They have found
that the law is a relic of civil war
Legislation, carried along in the revis-
ed statutes. I 4 ~
Felix A. Reeve, assistant solicitor
of the treasury, was asked by the
secretary of the treasury to render
an opinion on Section 178 of the code
which reads as Follows: q sh9 f*f
mo person shall make. issue, cir
culate or pay out any note, check,
memorandum, token or other obi
cation for less sum than 81, intended
to circulate as money or to be re
ceived, or used in lieu of lawful
money of the United States, and
every person so Offending shall be
fined not more than $500 or i'm
prisoned not more than six months,
or both, at the discretion of the
court"
Mr.. Reeves opinion will be sent to
Assistant Secretary of the Treasury
Norton tomorrow, who has charge of
financial matters. Mr.. Reeves said
today that the language of Section
17S is identical with the provisions of
two former enactments of congress.
"The first was in 1882" said Mr..
Reeves. "The provision was codified
and r~e-enacted as Section 1888 of
the Revised Statutes of 1878. This
year, for the third time, the provision
received the approval of congress.
Not a word or syllable was changed
either time. a..3
"The law has never been inter-
preted as prohibiting anybody who
has a bank account from drawing a
check for less than 81 against it.
When the law was first passed the
United States government was in bad
financial straits In the same act
congress authorized the circulation
of postage stamps as money. Sub
%sequently the provisions relate to
small checks was embodied in two
revisions of the statutes as indicated.
l understand that thelaw was intend
ed to prevent checks taking the
place of money in certain cases.
have heard that it would affect the
business of mail order houses, but
am not familiar enough with their
methods to say as to that point"
The solicitor referred to a court de-
cision in the case of the United States
against Van Auken, some years ago.
In this case a trade check or order
for merchandise from a mail order
house was involved. The decision
was favorable to the issuance of the
check. se "a. (
1t is understood here that business
interests are aroused owe the report
that they will commit a crime by
writing a check for less than a dol
lar. 1t is reported that congressman
in various states have taken the
matter up and that bills will be intro
duced when congress aconvenes in
December to repeal the law. 1t is
not believed that this will be neces-
Sary.