New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-10-18
PAPER AND METAL CIGAR BOXES.

CAS- TIE BRANDING OF CIGAR BONES BIZ Di'PEN'Lp
wIrI-.N OPINION By THE ATroRNEY-GlNEFAL
THAT II CANNOT
WASHINGTON, Oct. 17.-COmmssioner Pratt
addressed a note Secretary Bristpw on me 2'th OF
.,crbc4 ASKING for an opinion by the Attorney Gen
r Oh a certain ont of law with regard t0 TIE packing
Of cigars y, The Of July 90 1868 the branding Of
,ra boxes with the number OF cigars contained in them
and the makers name was made essential without TINS
banding boxes Of cigars were made liable To FORFEITURE
During the Winter Of 1872, at tie request
%! manufacturers Congress amended tie law, 50
that boxes 81 metal and paper might he
used for park'ry cigars, under such regulations
a. ihc CuInmis.ou OF Internal Revenue might pit scrbr
II appcaf that lately two sample boxes have been pre-
scented t. the partncnt for permission to use those
Styles of boxes for cigars. one - Ot IN the ot'l oi
uapcr Neither can DC branded, a. required by law and
te Commissions rlcsrcs official opinion a Ia whether
TIE privilege given y the amended law rendered null
or void h. the fac; roc.ol, whether dies, ec might he
used for marking the bnxcs H letter was duly referred
70 She Attorn", General.
Gen Porrpont replied under date ~ Oct H. referring
10 the Secretary the Treasury approved al opinion by
soicitorGcnc- Phillips. After rrc'ms tie facts Of the
law, tie report says:
TIE question occurs whether ths latter pIOyison lin
regard To the privilege uf using meal or paper boxes hs
implicitly effected modification of The above REQUIRE
todislusc with II by regulations. substituting tN ~
stencil ~. II III, later authority conferred uron
the Comm rinirg, 10 allow e. TrhiNcS 10 be male 81
wood. metal, pager. S., Wcr necessarily iutln,,t't
win The cartier requirement of brand there would he
u fair ground foT conclusion in favor cf such meliiea
non But IL the materials. specified III the law OF lS12
he not necessarily inrnrFi-tirt win the branding pro
vision 81 1865. there api"hoHd little ground Tor
such c0uciGrinni IL thnrc be paper winch VIII adnit
-. I!iuny wit. hot irOn and metal thai VIII display
marks made by such branding, the lct ot lH'2 X To be-
read giving permission 10 only cl paper, metal
and other materials ~ viii admit OF ard display names
Numbers ,vc., branded i..creintO VITA lot iron:
~ there il SIch PAPER ncin', &c, am OF opinion tha
ihc requirement o bHBhg with h0i IRON, %r, Is not
Ia bc dispensed Wnh
The result that hi, auribucs no significance in TINS
respect 10 thr provision OF 1872 is rot Important for IL
may have significance la some Other respect; and he
sides statute meant for frequent application IN IN
unr.9rt GveI day Transactions by person, having no
cria skin .t4sic1g a. tuc' the polly ~ gs
lat3rs always 10 he rather supciiinOus than obscure
As cisar boxes ia fact have Away. believe. been
made 0f wool. may nave removed dolDt 10 authoI'
them expressly 10 be Uladc -, other materials ana De-
sides here and thcTe one may have been found 10
hclirye that burning E!aaui than permanent results
of heat ap lied with hot iron and Was lncJlsstant with
the of amy kud ~ paitr "
PFcviou.y 20 this ndHeni, manu- acturoTs miJt be
tine more ayrT.s To experimenting upon "matcrias'
other than the previously il use, because the removal
from hr factory of cigars not properly bGNcd' ~ by
virtue of the same section which requires burning,
l.r "a felony. Ard perhaps lis consideration renders
gna less willing, ia matter OF supposed conflict 81 pro
Visions to sanction acuh,;TctGn i"h not conc urfcd
In rs tie courts, viii expose rzrs 10 20 grave coIse