The Montgomery advertiser., 1909-11-23
EDIASCULATION
 INJURIES BILL Cannot Enforce Tag Tax
 Provision. FEED BILL IS INEFFECTIVE Senate Committee Cut Out Salient
 Feature. Attorney General Holds That No Pro- vision ef Bin Enforces Psy- ne.t of Tag Tax. or Re-
 safres Purchase of

Because Senate committee emasc u- lated the Mixed Feed Bill of the last extra session so as to eliminate Sec ton s. the tag tax feature of the act cannot be enforced.
 Inasmuch as 1t was from the tag tax of twenty cents per ton that the original bflI was to draw It's force. the bffi as 1t remains after legislative ennasculation loses much of It's effec- tiveness. and can hardly be operated except at loss. nor. as the bill stands Is the purchase of the tags made mandatory.
 Attorney General Garber Monday rendered an opinion, at the request of Commissioner of Agriculture J. A. Wilkinson. in which he declared that 70 provision for the enforcement of ; the tas ,ax was contained in the bill as printed. Investigation revealed the fact that the tag tax was killed by the Senate committee to which the bill was referred.
 The Mixed Feed bill provided for registering food stuffs with the Com missioner of Agriculture. with an analysis showing the amounts of var ious ingredients. It also provided for the use of guarantee tags. to be af- fixed to each bag or package. But the provision compelling the purchase of the tags was eliminated.
 The opinion of the Attorney General directed to the Commissioner. says:
 .'section l of this Act provides that certain mixed feed stuffs shall. when offered for sale" be packed in bags or packages containing fifty pounds net weight. or one hundred pounds net weight. or one hundred and seventy i've pounds net weight. or two hun dred pounds net weight Section 6 of the Act provides that the Comnlis- sioner of Agriculture and Industries eshall make written acquisition upon the Auditor for the estimated number of tags or stamps hereafter provided for. required to supply the demand therefore during the year for which such acquisition is made. Section z provides that upon the receipt of this acquisition the Auditor must have printed a sufficient number of tags or stamps with proper fastenings on the tags for attaching the same to pack ages or bags of mixed feed stuffs" on which shall be printed certain word. Including the denominations prescrib. ed in the section.
 There is no section of the Ac which directly requires tag tax t, be paid on such feed stuff. You stat cd in your letter that a section of thi Act which prescribed a tax per ton O twenty cents was omitted from tn original bill. There is nothing in eitb CT of the sections referred to above or in either part of this Act. whicl will justify the state In exacting thl tag tax. It is true the tags are re auired to be prepared in certain de nominations, but such preparation O the tags cannot. of itself. impose an. duty on any one to purchase the same A. aNM4 Al N. m-s ~n an-n Act to determine that 1t was the in tention of the Legislature to requir the payment of 8 tax of twenty cent per ton.
 But all other sections of this Ac than the tag tax requirement. ar unaffected and should be enforced a required by law"