The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1909-12-11
FEDERAL METHODS
HELP BOOTLEGERS
STRICT COMPLIANCE WITH LAW
WOULD GUST HIM.
Practices of Internal Revenue De-
Partment Explained to Governor
Stubs by Secretary of the
Treasury McVeaeh.

Topeka.-President Taft transmit
ted TO Governor Stubs the reply of
the secretary of the treasury to
complaint filed by the governor TO the
effect that the method of running the
federal internal office made it diff
cult for the state authorities to en-
force the prohibition law. The gov
ernor's complaint, specifically, was
that the government was not requiring
bootleggers to post their government
stamp tax in a conspicuous place; also
that when Eootleggers without a fed
efai tax stamp are arrested by the
state the revenue officers come alOn~
and make them pay tax covering
period for which they had been So
ing liquor in the past
Secretary McVeagh in his letter to
the president, which was transmitted
10 the governor, says:
While it is manifestly the purpose
of the law TO require the stamp to be
posted at the place fer which special
tax is paid and business being carried
on, ii seems equally clear that it is not
necessary to keep the stamp posted
after the business has been discon-
tinued. If the conditions prevailing in
Kansas are approximately the same
as those in Oklahoma, there appears
to have been no laxity on the part of
Collector Simpson in enforcing the
law
1T should be borne in mind that the
special tax stamp is not a license, but
merely receipt for the tax. It may
also be stated that while subsequent
payment of the tax and 80 per cent
penalty is no bar to prosecution for
having engaged in the business with
out first having paid the tax, expert
ence indicates that courts and juries
are somewhat lOath to convict for this
offense when the tax and the penal
ties have been subsequently paid. The
facts in such cases are, however, al
ways reported to the United States
attorney for such attention as seems
TO be required.
Collector Simpson, will, however,
be called on to report as to conditions
in that portion of has district Within
the state of Kansas, and whether the
requirements of the law are being
strictly enforced and complied with.
Under a strict construction of the
federal law a boCtlegger could not OPP
crate" said Assistant Attorney Cen
eral Charles Shukers. THE law pro-
videa that stamp tax must be taken
out for a certain location, naming the
street and number, or building. A
bootlegger could not afford to take
out a stamp for every location where
he sold a bottle of liquor. Therefore
when he gets off the premises men
toned in his tax receipt and makes a
sale he violates the federal law. But
the government does not prosecute
him because it Us only interested, it
seems, in collecting the stamp tax.
Quite frequently of late bootleg
gers have been thrown in Jail by local
authorities for violating the state law.
Later on government revenue agent
would come along and make the joint
list from his cell in jail take out a fed
eral stamp covering his past sales.
Then the government would drop the
MATTER 1t would not prosecute for
violating the federal law as long as
he paid the back taxes. That is the
complaint this office has against the
government"