The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-03-23
THE CIGARETTE rAN.
MIR. iinrmer Replies to SIR. Evans III
Opinion tho MI IL Constitutional.

Opinion tho iIiii Ia Constitutional.
TO he Giitor ofhs Latcgigtner!
sIG:-The Hon. George +. Evans, OF
Berkeley county, In an article In tho
lSrELL'dEScER Of tho 2lst. In discussing
senate bill No, 80 Ohio cigarette act), has
called tho attention OF tho public to. as
lo thinks, numerous aud worry ucrions
mistakes in tho said bill, from which
ho drNwa the conclusion That It IL class
legislation; that 1t will DO imperative
by reason OF conflict In its title, &C., &c.
Mr.. Evans, In writing said article, has
referred to me in several instances In
connection with tho bill, mud rs think
tho gentleman 10 mistaken In regard to
this matter, desire to give what be-
lisIo TO DO tho correct history OF the
bill, which 10 rs follows:
Ait0r tho bill had passed tho senate
anu cano TO tho house IL was referred
to Tho judiciary committeo and reported
back. just as his article states. On
February 10 (page and following pages,
house i0urnRll tue bill was takon up
out OF regular order on motion, shortly
before tho moon recess. After recess,
on motion OF Mr.. Campbell, OF Ohio
county, tho bill waa mado special
order for O'Clock p. III. OF the same day.
Immediately, on my motion, the vote
by which the bill was made special or
der 10. 4 o'clock was reconsidered. The
substitute was then put and decided in
the negative. On my further motion
journal, page Isl the vote by which the
house rejected tho substitute was recon-
Hidered. and thon on tho several mo-
lions OF Mr.. Mcdonald and myself Soc
ton &c o! tho substitute was amended
so as 10 read Us follows: "0u every
license to sell At retail domestic wines.
ale. beer or drinks OF like nature 500,
or to scll at retail cigarettes or cigarette
paper $780," aud in this form the sub.
stitute was inserted in the bill and or.
dered to lis enSrossment and third
reading.
On February 20 (pags II OF the ionr.
nal 1t will be seen that tho rules were
suspended, and senate bill 80, as sub.
s,itu!ed, was taken out OF its regular
order aud read third time and passed
with, as the gentleman has said. bu: two
negatives, Messrs. Eyaus and Toler.
On the same page 1t will be seen that
on my motion the title ga bill to
amend section | OF chapter 50 of the
code OF West Virginia, and add an ad-
ditional section thereto'O was stricken
out, and the following inserted in lieu
thereof: "a bill to amend and re.enact
sections l. ., &c and 81 Of chapter 81 OF
the code OF West Virginia" and which
amendment wa, agreed to. True It ia
that the journal OF that day, on page
Is. shows tho amendment TO DO what
the original title was. but the bill as en-.
pressed. am sure. had this amendment
Us its title, Tor saw it there and so re-
ported it to the senate Immediately al
ter its passage.
or what the senate did have no per-
sonal knowledge further than that given
in the journal, as quoted by Mr.. Evans
IN his article, but the joint committee
on enrolled bills reported to the house
on February % (page ego OF the journaD
as follows: "Ths joint committee on
enrolled bills have examined and found
truly enrolled bills OF the following
titles: Senate bill No. SO, An net to
amend and re-cnac. sections IL, sc and
81 OF chapter 81 OF the code.
/ do not think SIr. Evans will under.
take TO say that the journal, as it
came from tho printer and laid upon
his desk each morning. and from which
alone no must quote, was incorrect, nor
will lie undertake TO say that tho var
lous amendments to the bill and tho
title are other than those referred 10.
The bill having passed the house in
the form | have indicated, and in this
shape went to the senate and was pass
cd as a substitute, made by the house,
10. their bill, and reported back by the
joint committee on enrolled bills, rs
above indicated, leads me to the conclu-
sion that it ia what the friends Of the
bill wanted; that u saloon keeper can
not sell cigarettes for 500 license, while
a tobacco dealer is required to pay $500.
but that all will be required to pay $500;
that this is no, "class legislation" aud
is not Unconstitutional" and that tho
title does not "&ill the BILL" but 10 in
all respects regular aud proper, and
when the acts arc printed have no
doubt that it will appear just as have
stated. The bill passed the senate on
tho 2lst day OF February. and takes Of
feet ninety days after its passage, or May
~, rather than tho q. as stated in the
said article. HARVEY ". HARMEE.
CGrkstrrG ". "a, March 81, 1895.
UNIAIPOHTANr AFFAIR.