Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-12-29
IRAASaJ, MUST
SEtoF LICENSE
ATTORNEY GENERA
GILBERT
GIVES IMPORTANT
MON
TO TREASURY AcEA
DEPUTY SHERIFF NOT Penn
TED TO RECEIVE REWARD
AS INFoRMER.

Madison, Dec. %.
An interesting and important dis
tincton is made by Attorney General
Frank L. Gilbert in an opinion rem
dered Yesterday TO State Treasury
Agent David II. Davis wherein the
term transient merchant, as used
in the act, chapter 49o, laws of 1905,
relating 10 hawkers and peddlers, Is
officially defined, insofar at least as II
relates to particular situation re-
yealed in Mr.. Gilbert's statement, as
follows
1t appears, from the facts present
ed, hat the Western Salvage com
pany is a new concern OF the city OF
Oshkosh that it has not, until recent
ly been engaged in business there but
that il has recently purchased at
wholesale the stock of another con
Germ which it adyertises wiz be
thrown on the market at a forced
sale 1t also advertises that the store
is for rent and that its fixtures are
for sale. 1t is evident By these facts
that the firm intends to continue in
business there but a short time
This statement OF facts, the attor-
ney general says, distinguishes the
company from a permanent mercnar5
and the treasury agent is instructor
to require 1t to procure a transient
merchants license ana In case q.
failure 4 prosecution be Instituted fUr
violation of the law,
Twas Cepu4y Sheriff DUTY.
That deputy sheriff is, ex-oflcio,
a game warden, charged with The duty
# enforcing the game laws, and that
even if he was not an eX-oficio game
warden, It was his duty as deputy
sheriff to furnish information In re.
gard to violations of the game laws
or other laws of the state and not en-
titled therefor to any reward FOR so
doing, IS also held by the attorney
general in a letter of information TO
Game Warden George w. Rickeman.
in case, the correspondence IN
which was referred TO the attorney
generals department The case was
that Of a claim made AGAINST the
game warden's department for sery-
ices rendered in the nature of infor
nation leading to arrest and conyic-
ton for violation of tie game laws.
by Depuv Sheriff James Lee of won
roe county.
Upon the facts and circumstances
in this case | advise you that AIR. Lee
The claimant was not entitled TO
the s25 referred to and that the same
should be returned by him forthwith.
In order that the proper informant, II
any, may be paid the money, says
the attorney general. IF Mr.. Lee re-
fuses to return this money an action
will lie against him and his bonds.
men for the collection thereof
The case, out OF the trial and con
yiction in which the circumstances
devc 'oped requiring the payment O.,
a reward for information was in the
court Of Justice of the Peace O. H.
Doxrud at Sparta. Three defendants
were fined $25 each in the trial which
was prosecuted by Game Warden q.
c. kolb on August Z. Kolb claimed
he payment of one-third of the
/ amount was due under the law to he
informer but did not reveal the pAme
OF the informer telling the justice
that he would pay the money and get
a receipt therefor and forward it 10
the game warden department at Mad
ison. Justice Doxrud. becoming
somewhat anxious about the matter.
wrote to the department making in.
quiry if the receipt had been re-
ceived. 1t had not but later the re-
quired memorandum was Forthcoming,
signed by James Lee, who upon later
investigation proved to be a deputy
sheriff.
The record in the matter on file in
the Office of Game Warden Ricekman
is voluminous and interesting. Jus
tfce Doxrud says in one of his letters
that the real informer IN the case was
Martin Ellefson on whose farm the
offense complained of was committed
And the record reveals that the re-
ward will eventually find its way TO
the right person.