The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-04-23
TOBACCO LAW.

I11ts 8 - TOBACCO Law. 81. f.;E ~
VIEWS OF PROMINENT LAWYERS AS TO
THE EFFECT, OF THE RECENT ACT OF As.
| -fsEMBLY-ALL PUBLIC WAREHOUSES
.ABoLIsHED-THE BRANDING OF WEST
ERN TOBACCO DISCUSSED. --..s4,rY
~ The act of Assembly in relation to the in
specfion of leaf tobacco, with which the
virginia public were first made acquainted
through the columns Of this paper has re-
ceiyed the attention OF many able lawyers.
The following opinion, prepared for Mr.
Hutcheson, of the Planters warehouse, in
this city, reviews the practical operations
OF the act, and treats of its effect in q. man.
ner that will excite interest and command
attention: s ,&i..
Mr. Jesse T. Hutcheson:
Dear Sir,-We have examined the recent
tobacco law and are of the opinion
l. That its effect is to abolish at once ali
laws on the subject OF tobacco warehouses
and INSPECTORS existing on the 1st day Of
January, 1877, and that from and after the
passage OF the act there is no such thing as
public warehouse in Virginia for the IN
sDection Of leaf tobacco, and there can be no
such thing as a public warehouse for the
samDling, storage, and sale OF leaf tobacco
until such warehouses are hereafter erected
or established, under the third section OF
the act, by authority Of the county or cor
poration courts.
9. That this act in no wise interferes with
private warehouses as they now exist that
it does not prevent or prohibit the reception
OF manufactured leaf tobacco ut such private
warehouses, nor the sale thereof by sample
or otherwise; that the only restrictions
upon the reception at Private warehouses OF
leaf tobacco is in the single case where the
tobacco, when owned by planter or farmer,
is consigned to commission merchant or
other person without written instructions
by the owner; in such case the thirty
eighth section Of the act requires that 1t
shall be stored at public warehouse. And
when tobacco is stored in q public ware
house the act makes it unlawful to offer it
for sale by sample unless such sample has
been drawn and certified by sampler
appointed by the Governor. But even q
commission merchant receiving leaf tobacco
not the property OF planter or farmer may
send it without written instruction to a pri-
rate warehouse, and if the property OF a
planter or farmer may send it to Il private
warehouse when authorized in writing to
do so at time of shipment:
8. The Governor has no authority under
this act to appoint samplers OF tobacco for
any warehouse, whether heretofore deemed
public or private. His authority only is to
appoint samplers for such as may be erected
or established since the passage OF the act
bv authority OF law.
+. We arc OF opinion that the act takes
effect from its passage SO far as to repeal all
former la,os on the subject Of tobacco, and
so far as it authorizes the erection and eSta6-
Hshment of public warehouses by authority
of county or corporation courts !; but that so
far as it relates to the appointment and du-
ties of samplers in public warehouses. and
the putting OF such public warehouses into
practical operation, it does not take effect
until 1st October, 1878.
S. We are OF opinion that all Virginia and
North Carolina tobaccos may be sold in pri-
yate warehouses and exported from the
State freely and without any prohibition or
penalty without being sampled or inspected.
6. We are OF opinion that so much OF Sec
tion 15 of the act rs requires unmanufac-
tured western tobacco, stemmed or un-
stemmed, brought to Virginia in hogsheads
or prize packages, before being offered for
sale or shipped or exported from the State
(except such tobacco in transitu) to be
marked or branded by the orner OF agent,
or by sampler of tobacco, rs 1oeStern, is TN
constitutional, because it Is restriction
upon commerce and discrimination
against western tobacco-no such brand or
similar brand being required in the case OF
Virginia, North Carolina, or Maryland to-
bacco. AS to so much OF the 10Th section
which imposes fine OF not less than $50
nor more than S100 upon any person who
nI1 rts
western tobacco representing 1t to be Vir-
qinia tobacco BY marks, brands, or other
wise, we think it constitutional. But there
is mo penalty attached to the act Of selling,
Offering to sell, shipping, or exporting oceSt-
ern. tobacco, euen though the o1o,,e7. fail to
mark or brand each h0gsheqd ,0estcrn," /"
provided he does not represent it to be Fir-
ginia.
The reasons for our opinion as to the un-
constitutionaity of the first part Of the 10Th
section we have heretofore given ut length
| in our opinion upon former statute.
7. We are OF opinion that there is now no
law to prohibit the sale or expectation OF
any tobacco from this State, whether the
same be Virginia, Maryland, North Carolina.
or western tobacco, without being sampled
or branded, except when it IS voluntarily
sent to public 1arehouse, and that such
public warehouses, in the contemplation OF
this act, although they may now or hereafter
be erected or established. cannot go into
practical operation till October 1, 1878.
These are the principal points. The minor
points it is unnecessary to discuss in this
opinion. :. ..
Respectfully,
CANNON & COURTNEY.
April 16, 1877.
Colonel W. Gordon, counsel for the Rich
mond Tobacco Association, and Attorney