The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-09-04
TRY TO COLLECT
PEDDLERS' FEES
Suit Started in Madison to
Collect Fees from Stand
ard Oil Trucks.
OF INTEREST HERE

Kenosha, as we'll as every locality
of the state, is interested In a SUIT
started in Dane county today by the
state involving the collection OF ap-
proximately 100000 in license fees
and penalties estimated at several
times that amount. The suit is being
brought by State Treasury Agent z. b.
Ballard for the state against drivers
of the Standard Oil company, main
tanning that each of these should be
forced to secure state peddlers
license. There are many such trucks
in Kenosha If the state wins In the
suit it will be possible to collect fees
from a large group of truck drivers
not now included under the law. Inc
drivers of Standard Oil company
trucks compose only one branch OF
this group.
The suit is on the question OF
whether truck drivers of oil firms are
subject to the state peddlers' license
fee. 1t has been started against James
r. Moore, Madison, truck driver OF
the Standard Oil company Complaint
sworn to by the state has been served
upon Moore and answer is expected
within a few days.
License Fee Is SIS.
Involved indirectly in the case are
more than 1000 truck drivers and dis
tributors of the Standard Oil company
in Wisconsin, Mr.. Ballard said. IN
der the Wisconsin peddlers' law, the
annual license fee is $50. In addition
to this, each peddler who fails to OBJ
tain license and operates without is
subject to a penalty of $50 daily for
the entire time in which he has been
operating. Should the state push its
claim against the oil drivers, 1t IS
stated the penalties alone would
amount to probably $500,000. IA
This is the first test of the cues
ton of whether the oil truck drivers
merely deliver the oil and thereby are
not distributors, legal officials declare.
1t is contended by the Standard Oil
company, according to reports received
here, that their drivers are not subject
to the peddlers' license act. ~
1t is contended by the state that the
drivers not only deliver oil and gaso-
line but also solicit business while on
duty in cities and towns in the rural
sections. Large amounts of oil and
other substances are sold this way,
it is claimed and the drivers should
pay the $75 annual license fee the
same as other peddlers.
A large number of independent oil
companies submit to the holding Of
the state department, Agent Ballard
declared, and obtain the annual license
fee. 1t is estimated that several thous-
and dollars is collected each year from
such distributors.
The suit now being started, how
ever involves by far the largest num-
Der of those who drive oil trucks and
deliver, it is said. Because of this,
the case will be- vigorously prosecuted
by the state, it is believed, and will
be carried to the state supreme court
for final test. =
The trial case was brought directly
against a driver in order to avoid
technicalities against the central COM
pany, it is stated. Should the case
against Moore result favorably for the
state and the main firm refuse to OBJ
tain permits for other drivers, similar
suits will be brought either in joint
action or collectively, it is under
stood Ballard alleges that the Stand
ard company has refused to comply
with the law and has disregarded the
licensing provisions.
Treasury Agent Ballard contends
that the drivers are subject to the law
but declares that the agents have re-
fused to apply for licenses or pay
the license fee. He estimates that if
the states contention is upheld, the
work of the treasury department will
be doubled and that the annual income
of the department will be probably
100000 from such agents alone. Be
cause of an inadequate force of in
spectors and appropriations, Ballard
says he has been unable to prosecute
the case sooner.
When answer 20 the original COM
plant is returned by Moore, it is
stated that the case will be carried
directly to superior court here and
judgment against the defendant asked.
The case then will go to trial.
Attorney General Herman I. Ekern
and Assistant Attorney General Nor
timer Levitan are prosecuting the case
for the legal department. The suit Is
considered one of the most important
now before the legal department.
Independent oil operators in confer
ence here recently, informed Ballard
that they intend to observe the provi-
sions of the peddlers' law to the letter.