The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-10-21
1nters.tlns 10 wheeling stoEie alanuiae'

Heek GuuslASLALASAI SuAk0 OOuA AUA
dered his decision in the cigar-makers' in
junction case to-day. The result Of th,
suit has been looked forward to with ex
traordinary interest throughout the entirt
country. The main points Of the opinion
are embodied in the following abstract:
This is bill filed by Joseph Crisp ant
Others, alleging that they are cigar manu-
facturers in the city of Baltimore, and are
engaged in selling the same at the place ol
manufacture, together with manufactured
tobacco, pipes and smoking conrenienees
1t Is charged that while engaged in this
business the Collector Of Internal Revenue
of this district, R. NJ. Proud, seized and
carried away their goods as forfeit to the
United States, because, as the Collector
claims, the complainants have no right to
manufacture cigars and sell them at retail
at the place Of manufacture. The bill
prays that the Collector may be en-
Joined from making any further seizures
kof complainants' property, and from
selling that which he has already taken.
Whether he should grant the prayer
OF the bill or refuse 1t depends upon the
answer we must give the question, wheth-
er or not the retail OF cigars at the place OF
manufacture is forbidden by statute. This
is the gist OF the matter IN controversy be-
tween the parties. 1t has been well said
by counsel for the complainants that un-
less the statutes OF the United States pro-
hibit a cigar manufacturer from retailing
the cigars OF his making he has the natural
right so to do in any place whatever. We
must find In the statutes something to
prohibit this class OF persons from doing
in this particular place what every other
person has the right to do with his wares
wherever he may be. He must put sign
where it can be distinctly seen-a sign
whose letters are three or more inches
long, giving his full name and business.
The sign must be painted or gilded. To
cut II In twain or scratch it on glass, rs
other citizens may do, is forbidden to him
(Sec. $685.. He must allow no tobacco 10
go into this place without recording its
weight or quantity in book kept for that
purpose. This particular place, so set
apart by the owner, can not be used as he
may use his own estate. The moment the
incipient manufacturer calls it his factory
it is dedicated to that purpose, and Is de-
prived OF many OF the uses which its pos
session gave to its owner prior to its desig-
nation as a cigar factory. sra
To become cigar manufacturer, the
person must first comply with section
3,SS2, Of the Revised Statutes. This sec
ton preseribes, among other formalities,
that he shall under oath set forth a. de-
scription OF the place OF his manufacture
and the number OF the street where it is
located, and II requires him TO give bond
thathe win comply with all the laws re-
specting the manufacture OF cigars When
the intended manufacturer has complied
with the provisions OF this section, has
located and described the place OF his pro-
posed operations, and has given the re-
auired bond, he has dedicated that partic-
ular place or portion of his premises, it
may be, to such uses, under all the statu-
tory limitations the National Legislature
has thrown around 1t and incumbered It
with. Among other things strictly pro-
hibited in this place now so set apart is
that the manufacturer shall neither sell
nor deliver nor effect fer sale in his place
cigars in any other form than in boxes
properly stamped, containing not less
than twenty-five cigars to the box. To
this each manufacturer agrees when he
gives his bond. Uhquestionably, this is
strict prohibition OF the sale and delivery
OF cigars by retail in this particular place.
That section $3.50 especially forfeits to
the United States all cigars which are re-
moved from mandatory not in boxes
containing the prescribed number, prop
erly stamped, and Furnishes as felon the
party removing them. Unless, then, We
can find statute that removes the disa-
bilities OF the manufacturer in this dedi-
Gated place he can not retail cigars there.
The party who purchased and removed
them would be the felon, and the manu-
facturer who sold them would forfeit his
bond. These are the two sections which
are supposed to effect this relief: -.-
Section :, ,22S5provides that no special tax
shall be required OF any manufacturer for
the sale OF his manufactured product at
the place OF manufacture. The construc-
ton OF this section must plainly be that no
tax shall be imposed upon him for selling
his cigars in the, way prescribed by law.
He has been prohibited from allowing any
OF his manufactured articles to leave his
factory, except in stamped boxes contain
ing not less than twenty-five cigars. He
is allowed to sell without paying special
tax, provided he can comply with this re-
auircment. And section 8, 236 prescribes
that the manufacturer OF cigars may carry
on any other business he is disposed TO
engage in at his mandatory by paying
the tax on the new business. The argu-
ment Is that the retailing Of cigars Is Q new
business, and that by paying the special
tax he may carry that on in his factory
also. But It seems 10 me that this per-
mission is given to him as manufacturer,
and that the section must be construed
with that which places the disahil-
tiles upon the place OF cigar-mak-
ing. It means that he may carry
on auy other business than that
which does not interfere with his solemn
obligations to obey the law respecting
cigar factories. It is not repeal OF those
sections above referred to, which make it
necessary that he should record daily in q
book tho quantity OF tobacco which enters
the factory. and prohibit any cigars from
being then removed unless in boxes con-
tanning not less than twenty-five cigars
each. It would, it seems TO me, be an
nulling statute, rather than constituting
| It, to say that, after Congress has provided
with the utmost care how certain busi-
ness should be done in particularly desig-
mated place, and then give the party the
right 10 conduct any other business he
plcases there, the act Of Congress meant
| 10 abolish all the restrictions placed
around the first employment. The prayer
for tho permanent injunction is refused
and the bill dismissed with costs.
The decision is at variance with the
opinion OF able counsel, upon which the
cigar men relied when they consented to
the seizure.
Cathedral DedIcaeatIon ut Columbus, o.
CoLuMBus, o., October 2o.-The st.
Joseph's Catholic Cathedral was conse-
grated to-day with imposing ceremonies hy