The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-04-18
NO BOOTLEGGING
President Taft Sends Order of
Attorney General.
Peddling of Liquor Not COun-
tenanced by Government.
MUST NOT CONNIVE.
Federal Officers Given Strict
Orders i'm Matter.
Believed Will Break Up Bust
ness i'm Kansas.

| Another important concession-one
which, it is believed, will completely
break the backbone of bootlegging in
Kansas-has been obtained from the
president, the attorney general and
| the secretary of the treasury by Gov
ernor Stubs.
During the past four mnoths the
| governor has been bombarding the
| federal government with charges that
| it has not been respecting the laws of
| the state according to a sound public
policy. Some four weeks ago the gov
ernor furnished facts with reference to
the administration of the internal reVe-
nue. laws in Kansas that were SO well
sustained by original discriminating
documents that the president could
have no more doubt as to the justice
Of the governors attitude of per-
sistance in his demand for a remedy.
The result is that the government
has taken step in advance Of any
thing heretofore attempted. President
Taft has transmitted to the governor
the letter of the attorney general which
In a technical way explains what has
been agreed upon, and which will be
published among the next issue of
treasury decisions.
Office of the Attorney General, wash
ington. D. c., April IA, 1910.
My Dear Mr.. President
1 return herewith the letter of Gov
ernor Stubs, of Kansas, of the 7th
inst, and it's Enclosures in regard to
the prosecution of "jointists" and
"bootleggers" for violation of the in
ternal revenue laws, which 1 was re-
quested to report on by Mr.. Carpenters
note Of the 10th inst.
In view of the instructions which
are about to be issued by the treasury
department to collectors of internal
revenue in respect to violations of the
revenue laws in states which, like
x 80
sale of liquor. 1 think that incidents
of the character referred to by Gov
ernor Stubs will soon cease to arise.
Recently, the following modif1ca-
lions of the regulations for the gov
eminent of the internal revenue bu-
reau were agreed upon between this
department and the treasury depart
ment for the purpose of carrying out
the policy heretofore expressed by
you, and l am advised by Secretary
MacVeagh, under date of the 28th
ultimo, that a circular letter will be
promulgated in the next issue of
treasury decisions, and also that a
sufficient number of copies, when
printed, will be sent to me for the va
rious United States attorneys:
First: After the sixth full para
graph on page %, which on March 1,
1910. was modified to read as follows:
and discrimination in making his re-
concentrations, being governed by
his knowledge that the internal reve-
nue. office is opposed to criminal pros
ecutionS for slight and unintentiona1
violations of law. In cases, for in
stance, of failure to pay special taxes
at the proper time, where from the
circumstances 1t is evident that there
has been no purpose of evading the
tax, and where the failure to make
return and pay the tax was not will
full, but was due to unintentionaI over
sight. misunderstanding, or ignorance
of the liability, it is not only right, but
it is incumbent upon the collector to
make such detailed statement of the
facts and circumstances as will leave
in the mind of the United States at
torney no uncertainty as to what
course is required in the public inter
est
Insert the following:
'As the peddnng of liquors, or So
called Bookkeeping, is not counten-
anced by internal revenue law, and no
provision is made for the issuance OF
any stamp which would legaliZe such
practice, peddlers of liquors, or boot
leggers, are not to be regarded as COM
ing within the class of unintentional vi
olators within the meaning of the pre-
ceding paragraph and should be ar
rested and reported for prosecution
whenever found selling in such man
ner even though the tax is paid by
them within the calendar month in
which the liability is reported or in
CURED.
Persons engaged in the business of
LIQUOR dealers in localities where such
business is prohibited by local law, are
to be regarded as wilful violators of
the internal revenue law, even though
so engaged at a fixed place of business,
unless the special tax is paid and the
stamp displayed before business is be-
gun. In all such cases special effort
should be made to get definite evidence
Of sales which should be reported to
the United States attorney with recon-
mendation for prosecution
Second: After the first paragraph on
page 46 insert:
1T is not to be inferred from the fore
going, however, that under a sound
charged with the enforcement of the
federal law may with propriety be such
as to even bear the appearance of con-
piving at or countenancing violations
of state laws Therefore, where the
state law is such that a taxpayer, by
the very fling of a return, evinces a
deliberate purpose to violate the same,
he is not entitled to insist that a re-
turn so made is privileged.
Therefore, whenever. in a prosecu
ton under state law. rule is allowed
by the court In term time or an order
is made by the judge of such court
at chambers, asking for copies of rec
ords or returns. the copies desired
should be carefully prepared and for
warded to this office with a full state
ment of all the facts and circum-
stances known 10 the collector. Tor Oe-
termination as to whether the pubic
interest requires compliance with the |
rule.
''Such copies are not to ne furnished
in any case without the express per-
of the commissioner of inter- |
nal revenue"
I also inclose herewith copy of !
circular of instructions to the United |
States attorneys as to the compromise |
of internal revenue cases. issued by |
me under date of February 81. 1910. |
It would seem that when these instruc-