The broad ax. [volume] (Salt Lake City, Utah) 1895-19??, 1916-07-15


the above facts, did then and there
unlawfully, as the manager, servant
and agent of the United Cigar Stores
Company, Inc, use and furnish in,
with and in connection with the sale
of certain goods, ETC., to one John Gar
win certain stamp, ETC., of the fol-
lowing tenor:
mo. 1898. DR..
United Cigar Stores Company Qn-
corporated).
CERTIFICATE.
Cash value at any Profit Sharing
Station in the State of Washington,
cent, but average merchandise value,
according to profit sharing list, 2
cents.
This certificate represents a
twenty-five cent purchase and is re-
deemable according to the conditions
of our profit sharing list. Ask for a
copy of list. Redeemable only by the
person to whom originally issued.
United Cigar Stores Company In-
corporated).
Largest Cigar Retailers in the world
And it was alleged that Garvin re-
ceived the same.
A demurrer was filed to the inform
alton, the grounds of which were, as
alleged, that the defendant had not
violated any law, that the information
failed to state facts sufficient to con-
stitute a crime or misdemeanor and
that it did not charge any offense
against the laws of Washington. The
demurrer was sustained and the case
dismissed. This action was reversed
by the Supreme Court of the State
and the cause remanded with direc-
tions to override the demurrer. 70
Wash. COS.
Upon the return of the case to the
Superior Court the demurrer was
overruled and defendant pleaded
guilty. He then moved in arrest of
judgment, invoking against the law
and sentence under it Articles V and
VIII of the Constitution of the United
States and section l of the Fourteenth
Amendment of that Constitution.
1t was stipulated that Pitney, as
charged, furnished Garvin a certain
stamp, etc., which entitled Garvin to
procure from the United Cigar Stores
Co., Inc, upon the production of a
certain specified number of such
stamps, etc., or other similar device,
certain goods, ETC., free of charge;
that the stamp, ETC., so delivered to
Garvin was redeemable by the COM
pany alone and entitled him to re-
ceive from the company and from no
other such goods, etc., that the stamp,
etc., was by it's terms redeemable in
goods, ETC., or 1 cent in cash at the
option of the holder as provided by
the laws of the State of Washington.
(The law of Washington, passed in
1907 claws 1907, p. 742), provided:)
SD That no stamps, etc., or
other similar device which should en-
title the holder thereof to receive
from the vendor or indirectly through
any other person, money or goods,
ETC., should be sold or issued unless
each of the stamps, ETC., should have
legibly printed or written upon the
face thereof the redeemable value
thereof in cents.
$50 That such stamps, ETC.,
should be redeemable in goods, ETC.,
cor in cash, good and lawful money
of the United States, at the option of
the holder thereof" and any number
of such stamps, etc., should be re-
deemed at the value thereof in cents |
printed on the face thereof, and it |
should not be necessary for the holder |
thereof to have any stipulated number
of the same.
(s3) That in case of refusal to
redeem the stamps, etc, the vendor
or such other person should be liable
to the holder thereof for the face value
thereof.
go Violation of the act is made
a misdemeanor.
Judgment of a fine of SO and costs
was pronounced against him, which
was affirmed by the Supreme Court
for the reasons announced in its
by the Chief Justice of the State.
The court overruled Leonard ..
46 Wash. sol, in which
case it had decided that the law,
passed in 1905, prohibiting the use of
trading stamps was unconstitutional.
giving as reason that the police power
Of the State, as expounded and illus
trated by the decisions of this court,
was legally exercised in the passage
Of the statute.
The reasons and conclusions of the
court are combated by plaintiff in