The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1909-11-24
TIE ADVERTISER IS RESPONSIBLE.
Under Law Can Be Held for All States
ments-About Frauds.

S-NSk AN - AS A1S1o III AL StNLAO
ments-About Frauds.
Taking as his subject 1.-THE Lega.
Responsibility of the Advertiser
William H. Atwell, United States dis.
! trict attorney of Dallas, Tex, recent.
~ 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 its
part in helping the government ex.
terminate it.
, In the course of his remarks Mr.
Atwell said:
! Humanity is universally restless
There is an ever present desire for
change and an uncomfortable desire
to get it. The whole world wants to
buy. All alike feed and make OF
break upon the 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 nuts.
ances, not the least of whom is the
advertiser who filters the street With
dodgers and handbills. Sich an ad.
vertiser deserves commercial failure.
The legitimate method of advertising
is the great press family.
The trainers of the American Con.
stitution recognized the sacredness
and Importance of the press in that
amendment which provided that Con.
gress shall make no law abridging the
freedom of the press.
So zealously was this constitutional
safeguard loved that even when the
morals Of the people demanded the
death Of the lottery many courts and
judges and Congresses refused to pro.
hibit the use of the press to the lot.
terry men, and it was not until 1895
that the American Congress, for the
purpose Of bringing about the great
moral movement, declared contra.
band such newspapers as contained
lottery matter; and the question was
not finally determined until the Su.
preme Court of the United States In
the Jackson, Horner aand Rapier
cases upheld the constitutionality. OF
the legislation. It
The maj who places al advertise.
ment 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.
termine the effect of all contracts.
One who advertises a domestic to
contain sixty-four 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. ..t
There can be no sort Of doubt that
any representation made by an adver-
tiser Of the kind, quality and fneness
of his wares becomes a 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
there is an implied warranty, upon
which the swindled purchaser may
recover
If the purchaser expends time and
car fare and trouble. to inspect an adj
vertised article, upon which inspec-
ton he finds the article to be of
lesser grade than the advertisement
spoke, I have no doubt that he could
recover from the advertiser a suf1.
cient sum to pay for his time and
trouble and a fare in making the in.
spection.
It's efficiency and the universally
Of it's use render it a powerful en-
CINE for the use of the INSCRIPTIONS.
There was passed some years age
a criminal statute designed for the
punishment of those who used this
great public utility fraudulently.
Congress provided in one short
line for the establishment of post Of
fees and post roads. From this terse
provision has sprung, by appropriate
Congressional action, the vast postal
system of this country, the daily bene.
fciaries of which are our ninety mil.
lions of people.
When one advertises an article and
represents its merits or quality or du.
rability, 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 as represented in the
advertisement, there is no legal ques.
ton of the right of the purchaser tc
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.
frauding that the penalties of the
statute have come to be recognized
as decidedly inadequate to sufficient.
ly punish this class.
Practically every newspaper in the
United States makes use of the mails.
When an advertiser makes represen.
tations in his advertisement that are
untrue, and such advertisement goes