OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
Hon. Gilbert Smith
aounty Attorzmy
Joasr Oounty
Amon, lk+x%r
Daar Sir a
Raoeipt LRJlokmwl
oeat data requeeting t
touahing the above mat
letter read@1
tual baokground to your
a in th6 oaiieof COLLIM
Artiol. 7047, provide@:
0 VENDBS OF PATWT HEDZE\ZS.
celling patent or
are, end no trave2-
til said tar la M)
ply to aowm3raiel
rm, or eelsomen mkiag eal.sr
or eolloi&g trade for merchanta engaged in
the ralo of drugs or medioiner by wholrrale.*
Under the Collinst aam, as ml1 a9 the aaa8 of
909
Boa. Gilbert Smith, paga 2
llIEW Y. STATE, 103 S.W., 859, there would seen to be
no doubt of the application of this statute to such sit-
uation insofar aa the contraot between the traveling vea-
dor and his company, and the method oi sales by the ped-
dler, is aonoerned.
Presumably, you are oonoermd about the qu%s-
tion of whether the fact that thr traveling person sells
not only patant medicima, but also soaps fly sprays,
extracta, pann, utensil8, eta., rauld rdsre the appli-
oation of ths statute.
Our research reveals no ease in Texas directly
resolrlng this Question. The ease oi SFZD Y'.STATTE,155
s.3. 524, howemar, involved taats d6soribed as follows in
the oourtta statement oi the sass at pp. 524, 625;
*Appeliant wad ooaricted 0r the orrena 0r
being a traveling person pursuing the ocoupation
of selling patent and other mediainee.
'The erldenoe unquestionably shows that ap-
pellant had Q two-hors% haok on uhioh was painted
Watkins' Rtmsdlest; that ho travereed Coryell
County, eelllag thesa remedies end Watklnst spices,
eta.; that thi6 was his regular oaoupatioa. Ap-
pellant htili testltled and statedt *My mm is
A. T. Shed. I am the defendant in this 0888. I
understand what I am being triad for. I am prin-
alpally engaged In selllug extraeta, spiaes, ila-
rorings, noape, perfumes and other toilet artioies.
I I sm imthe employment.of f. R. Uatkin8 Xedioal
Company, Xinona, MIM., u. 9. A. * * k
*$2ross-sxamfaatioaof the witnses A. T. She&
*I sell mediolnes, but I sell only conditionally.
I rpead more time talking up soaps, Spice8, eto.1
but at the same time I talk up the medlolnes too
aad oiter them for sale in the way I havcitold you.” ,
In ariitiag the Judgmsat OS oontiotion, the
aourt took no cognizanoe of the hota as shown pertaining
to the sale of produots other than patent laedlclnes, and
said tit page 526 0r the opiniaar
*In so far as appellant ia concerned he
910
Xon. allbert Gaaith,page S
had eskablished and was aaxrying on a osrtafn
liao of bueinesr wholly within the state, and
8uoh a oleae of business and ououpation oan ba
rogulatsd by the &Ate, ior the.@eat wslght
of authoritp sqports the right to tax paddlars
ehere the law does not diaorlainate bet-en
produots of residents and non-resideate & * * l
was bolng prosecuted rar pm-
*rl,opellant
suing a given ocaup6tion - that 0r peddling
pabat and other nd.i.ciae#. And eaoh sale
would haye a tendenoy to prom that he WMI so
engaged, and the court did not err 1z.1
permit-
ting etidenoe to be adduced oi Individual aale8.R
There ts the came impll~&~o~ in the case of
~.W&W~,Y. STX-%, 152 3.q. 168, fro;nw:;ieh we quote Ps
titer the sr~lraticm 0r tLs
lioezxs:zh: t*eklmony would e&or that in trarel-
ing he only Bold pepparu, apices, OoepB, and
flavcrlnize, at the same time advertising the
reme&iea, but wourd not 6011 the SW rrom the
aegoa. Without BOER erldeaoe thet he sold these
remedies ehlle aatiag a8 a traveling sale-,
the judmnt oannotae suatalned. It is evident
that after the ezpiratioa of his license he oon-
timed to drive about the oouatry in the Vattins
wagon, but there is no e~idenae that ho zaadea
aisle of aay oharacter oi medloine, aad under
these oiromoteacer the rerdlot of the jury WOS
unauthorized. * * * *
The propoeition ir latirely sand, in uxr opin-
ion that a person who is a traveling Vendor of patent
mediaims is liable for the oaoupetlon tax Lsgooed by As-
tiole 904'1,Subditiuion2, supra, notwithstandinghe my
also 5011 other ?roducta la aonnoet:.m therewith. &oh
ic ooneoaant with the statute itreX, and with t&e aams
olted.
ncoordlngly, you are reapeottullyadrlsad that
in our opinion the individual deearibsd in ywr inquiry,
Is mbjeot to the ooaupatZon tax Imposed by Subdirlslon
Izof Article 7047, supra.
Hon. Gilbert Smith, pa@ 4
Trusting that vm have satiefaatorily~swer-
ed your Inquiry, we remain
ZCStob