The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-11-08
Held to ba Constitutional by the
Criminal Court.
JUDGE HuGUSS LEARNED OPINION
Seems to 20 to the Kottom Of the
MA'tsr-The law was Regularly
and Properly Passed, the Title is
Adequate and Correct and the Law
HOt Open to Legal Objections,
Does not Discriminate.

| H'NP'S WV ~ANNAANys HSNNSANS wa
deferred until Saturday,
Rita Moore plsad guilty to loItaring
I'M house OF i'll fame, aud in default Of
s. aud costs was remand cd to jail.
Tho demurrer to the indictments in
the cases OF James b. Mckee and @. r.
Goethe, for selling cigarettes without .
license, which were argued aud submit
ted ~ tho court at the last term, Wero
oyerFuled, The cases como up for trial
November Is.
Raymond G. Scott was admitted to
practice at the bar in this court,
The docket was called and u iaw I'M
important caseH were set for trial.
Tho cigarette decision has been look.
cd for with great interest Tho -opln-
ion delivered by Judge Hugus was COM
plete and will no doubt be regarded rs
tola gyOas extent settling tho questions
involved In the contest,
Judge Hngus in his opinion says;
"lhe frat question raiaed by the de-
muTTer in these cRses 10, that chapter
two OF tho acts OF tho legislature Of
West Virginia, for 1895, is unconstitu'
tlonal In that II conflicts with 10 much
olthe constitution as requires that, tho
object Of the act shall be expressed IN
the title, The act in question lie entitled
an act to amend and re.onact sections
one, two, twenty.six and eighty.tour, OF
chapter thirty.lwo oil the code Of West
Virginia. The amended sections are
printed in full. They and tue chapter
to which they belong arc distinctly
stated in the title by numbers, The
title Is sufficient,
''ThO next question raised 10 that it
never passed either branch Of theleGiG.
lature under It's present title, nor was It
read on three separate days in the SEN
ate as required by section 20 Of article o
Of tho Gonatitution, and that It was
never enrolled under that title"
The opinion then goes into detail and
recounts the passage OF the bill and all
the circumstances connected with its
treatment in tho house. There is no
question that il passed regularly aud ils
passage was duly communicated to the
house OF delegates. The judiciary COM
HllAAuu w W uOll ~ was AGAuNAuh uhlAh ~
back with q substitute, the import Of
which was identical with the original.
Later the substitute was Withdrawn,
and amended, and the amendment thus
proposed was printed in the house jour.
nal.
The Judge examines the record as to
the passage OF the law, and concludes
that il was legally enacted, duly en-.
rolled, properly presented to the COVER.
nor, aud that its title Is proper. lie
says also that 1t is not true, as alleged,
that it does not tax by equal aud uni.
form laws tho privileges OF persons;
nor 10 it obnoxious to the United States
constitution as an attempted regulation
Of commerce between tho states. In
section one Of this chapter there IL
provision for licensing wholesale and
retail dealers In paper wrapper cigar
cites and cigarette papers, but 1t is only
provided that retailers shall pay n
license tax. The exemption OF m
class from u license tax altogether, or
the imposition OF u different tax on one
clAVs does not render q license law uu.
constitutional as TO another different
class Of whom a license is required.
Such class has only the right 10 TO.
mand that tho tax It pays shall 10 paid
by all Of the class, in u strictly equal
and Uniform manner and amount
UndOr chapter ii all retailers OF cigar.
cites and wrappers paw the same tax in
tho samo way. Tho tRx they pay and
the condiiions they are required to oh.
serve Is unifofm as 10 all Of thom. 1t Is
in full compliance with the coustitu-
tion. The chapter is not obnoxious to
the constitution OF tho United States,
as an attempt 10 regulate interstate
commerce
The act, Judgo Hugus decides, docs
not Discriminate between rosidenta and
non.residcnia. Anybody in tho county
OF Ono, or anybody IRON the suite OF
Ohio, eau sell cigarettes at retail in
Ohio county upon obtaining u license
aud paying tho TAX. Tho privilege ~
omen to all on the same terms. II is
not an interference with Interstate com.
mprco. j have examined tho act TO sec
il it, provisions wer0 80 uncertain 80 to
render itincapnbie OF proper execution.
Sections 40. / and 2 Of chapter 81
specify II number OF privileges, for the
prosecution OF whicn a license is re-.
0uirod. For sono oil these privileges
tuo liccnso 10 limited to n certain house,
| and for thu rest tho License Is co.cxtcu.
siyo with the county, aud tho privileges
CAL DO carried on ut any place within
tho county in which tho license 10
granted.
Az throwing light on the qncation Of
tho corstitutionality Of tho act tho
court says:
Distillors and brewers arc required to
tnkO out q licUusG aud TO pay q tax
graded according to tho amount OF their
annual production, and there aro 40
other limitations. Stating Kinks and
shooting GallOric'aro required to have
a license aud TO nay a tax. For tho
former tho tax corresponds In amount
10 tho BiZO oi the place, but for tho latter
there Ia bit u amount Licences nrO
required Of and \ iiConso tax is imposed
upon travelling salOSmen OF sowing ma
chimes, lightning rods and musical III.
strumUnt', In. thOrc ara no other con-
diiionB. In this respect ihCbe Rrc like
pawnbtokOrI aud rOtalIOrd Of cigarettes.
Tho constitutiOuOlity Of Tho provision ol
tho statute requiring such u license OF
travel ny salOEmon was aIlirmativcly de.
| CidOl In tho case al tho BlatO Va, Rich
ards. 1t ~ ttuo hatthis case was COnsid'
OrOd by tho supreme court with toapcCtiO
tho question whether ,or not II contra
yOncd the provisions Of tho constitution
| OilluO United StaiOs. giving to Congress
tito powor 10 regulate commerce be.
lwc0n tho states. 1t cannot DO wei con.
cOiyol how II tho ConalitutionNlity Of
| that clause was open tn other advcf61
,a,t,t.,, tin aida 1,tn.ol fnr thn nnnpl.