Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-06-23
TAX DO[SN'1 Exempt
PAYMENT OF MuLcr DOES NOT
BAR PROSECUTION FOR SELL.
ING ciGARErs.
CRUSADE TO BE PUSHED
AGAINST IOWA DEALERS
Tobacconists Labor Under MIsappre.
hension Regarding Laws Intent -
Hammond to Prosecute Until Dealers
Quit Handling Anderson Dis
cusses His Road Law.


Special to Times Republican.
Des Moines, June 2S.-Payment of
the cigaret mulct tax does not exempt
dealer from selling or handling
cigarets and it is on that Interpretation
of the statute that Jesse B. Hammond,
of the Silas Trimmer Club proposes 10
inaugurate a statewide campaign of
prosecution against cigaret dealers. 1t
is claimed by lawyers that there is no
question but that Hammond's inter-
probation is correct. Mr.. Hammond
called on Attorney General Byers yes
terday and asked him for an interpre-
tation of the law
1t is probable that nine-tenths of the
people of the state if not still larger
per cent have supposed that the pay
ment Of the mulct tax on cigarets
exempts the seller from prosecution
Just as does the payment of the liquor
mulct tax exempt from prosecution for
selling liquor. The law on the matter
is, however. very plain and specifically
states that it does not exempt from
prosecution. The law on the cigaret
business is in sections 5005. 5006 and
5007 of the code. The first named sec
lion is the one in which it is specifical-
~ stated that the payment of the
muict tax does not exempt from further
prosecution and the law is very specific
in prohibiting the sale, handling or
giving away OF cigarets or cigaret pa
pers and prohibits giving or selling
tobacco of any kind to boys of IS years
without a written order from the par
ents
The great host of merchants and
tobacco dealers who handle cigaret pa
ne"s and ciearets suppose that in pay
i~r .l7e mulct lax they exempt them
selves from prosecution. They have
tola Mr. Hammond so and Mr. Ham
u d thought 80 till he got to reading
the code on the subject and discovered
the last sentences in section 5007. Then
a great light dawned on him and he
got an idea larger than any that ever
grew on boy. If the dealers were not
exempt from prosecution the sale of
cigarets could easily be stopped by
starting wholesale line of prosecu-
tons. The second offense of selling
eigarets is an indctabl one. 1t is un-
derstood that Mr. Hammond simply
proposes to prosecute till the dealers
quit handling the coffin nails.
Sflas, Trimmer, who has an abund-
ance OF wealth, set aside some of his
surplus cash TO organize the Trimmer
| Club, and Mr.. Hammond Is the man.
! ager. The club proposition is that every
boy who joins must stop swearing and
/ uStrg tobacco and save his money.
( Nien he has saved for a certain length
Of time there is given him from the
Trimmer fund as much money as he
has saved himself The object is u
help the boys Of the cities TO live frugal
and temperate lives. In the meantime
MIR. Trimmer believes in working both
ends against the middle. He Will in
duce as many boys TO stop smoking
cigarets as possible but will also shut
off the sale of cigarets If possible so
the rest Of the boys can't get them.
]. NJ. Anderson ex-representative
from Madison county and the author
of the Anderson road law which comes
in now ard then for condemnation in
various parts of the state. has come
out once more in defense of the law.
In a one column article in his paper
! III lEClafoia ne points out what is the
matter with 'ahe people who think
something is the matter with the law.
Mr. Anderson claims that the real
kiclzers against the law are the big
farmers who would like TO work their
roads whenever they liked and the
nonresident property owner who
would like TO be able to put it in mis-
Lease that the tenant must work out
the tax. The new Anderson law pro-
[, vides that instead of working out the
tax the tax must be paid in cash; that
the township trustees shall have full
authority as to making and maintain
ing roads and shall engage a compe-
tent road superintendent
| The only trouble in Mr. Anderson's
estimation is when trustees fail to rec
ognize their sworn duty and put too
much time and money on some roads
at the expense of others or engage in
competent workmen who fritter away
their time and don't return value re-
ceived for the money paid to them.