The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-12-03
MAY PROSECUTE
USERS OF GREEN
TRADING STAMPS
State Complaints Drawn Up
Against Local Firms.
Sperry & Hutchinson and CrOs-
by Bros. Co. Named.
THEY ARE ALLEGED OFFENDERS
Co. Attorney Waits for Com
plants To Be Sworn To.
Time Has Expired for Filing
Court Appeal.
Sperry & Hutchinson and CrOs-
by Bros. Co. Named.
THEY ARE ALLEGED OFFENDERS
Co. Attorney Waits for Com
plants To Be Sworn To.
Time Has Expired for Filing
Court Appeal.

State complaints that would charge
Sperry & Hutchinson, Boston, and the
Crosby Brothers company Topeka,
with violations of the Kansas trading
stamp law were partially drawn to-
day. and are waiting in the office of
Robert d. Carver. county attorney, TO
be sworn to. If the complaints are
sworn to and completed the two pros
pective defendants will be charged
with violations of the law both before
and after the state supreme court
decision which held the measure con-
stitutional.
The complaint against Sperry &
Hutchinson would charge that firm
with furnishing the Crosby Broth
ers company with the stamps in
straight violation of the law before
the court decision and violating the
law by failure to procure license
from the county clerk after the de-
cision. The Crosby Brothers company
would be charged with violation OF
the law before the decision and viola
ton afterwards by use of the stamps
without the license demanded in the
state act.
As the complaints are at present
intended, the two companies would
face six counts each, according to Gar
yer. These six counts would be divid-
ed into three each charging violation
previous to the court decision and
three each afterwards The law
ma kes violators liable to a fine of
$500 on each count Twelve counts
would bring the total to $4,000.
No Rehearing Petition.
Time given those who contested the
law in the supreme court to file a
petition for rehearing has expired. No
petition has been filed. The restrain
ing order enioining prosecution of
users of the stamps pending final out
nf hn hos n
solved in the district court here by
Judge Whitcomb-
Dissolution of the injunction left
the legal way open to prosecution of
those who, it is alleged, are violating
the act
After he had finished debating the
complaints today. Carver telephoned
Senator James A. Troutman, attor-
nev for the Kansas and Topeka re-
tail merchants associations that he
had the instruments ready for some
one to swear to them.
Il don't know exactly said Carver
whether these complaints will be
sworn to just as they are drawn or not.
There is a question as to whether
counts will be added. I understand
that some of those who are behind the
issuance Of these complaints want
about fifty counts but have been try
ing to hold the number down; I don't
believe the fifty counts necessary.
Liable for Each Stamp.
1T is practically assured. however,
that complaints. either these or 9TH
ers, will be issued against Sperry e
Hutchinson or Crosby Brothers Firms
using the stamps arc liable for sepa-
rate prosecution for every stamp they
gave out"
Troutman did not know whether
the instruments would be sworn to
this afternoon or not but intimated
that they would in the morning.
He cited the dissolution of the re-
straining order by Judge Whitcomb
and declared that prosecutions un-
doubtedly would follow.
II the complaints in the county at
torney's office are completed, a sum
mons Will be served on the stamp firm
ana crosby Bros. Warrants cannot
pc served upon corporations and fines
are the only penalties possible