The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-29
TO LICENSE CIGARETTES.
Senate Passes the ShiveIy Bill After
a Long Discussion.

In theTSenate yesterday morning the first
half hour was taken up with the DISPOSE
ton of minor routine matters.
Senator Johnson moved the substitution
of House Bill % for Senate Bill 90. on third
reading. He said the bill passed in the
House was Identical with the Senate bill.
which provides for the adjustment of
a Superior Court in Grant county. On a
point of order as TO the regularity of the
proceeding the vote to substitute was re-
considered and the House bill was passed
under a suspension of the rules.
Senator Sweeney, addressing himself to
the Republican side of the house, asked
that the committee which had been ap-
pointed to invite Sam Small TO lead the
Senate in prayer yesterday morning re-
port why it had not done so. Senator
Hawkins said that Senator Sweeney had
better ask the chairman Of the committee
TO report.
Who is the chairman"
Senator Alexander"
Senator Alexander replied that he had
made diligent search for the preacher but
could not find him in his bailiwick. This
created something of a sensation, one Sem
ator expressing surprise that Alexander
should expect to find a minister in the con-
fines of the 'bailiwick'' he usually parades.
The committee was continued, with in
structions to attend TO inviting ministers
to appear and pray for the Senate each
day.
At 1890 o'clock Lieutenant Governor
Haggard announced that the hour had ar
rived for the consideration OF the report of
the committee on elections. 1t was nearly
1 o'clock when that subject was disposed of
and the SRnafa Q6fnurna1
AT the opening of the afternoon session
there was no quorum and some time was
taken up with the introduction of new
bills and reports. When the
regular order was resumed-bills on third
dlng-Sena Shea called up House Bill
81, substituted for Senator O Brien's bill
dividing the State into precincts for judi
cial purposes. The bills were identical i'm
purpose, senator O'Brien said. on his mo-
ton the constitutional rule was suspended
and the bill passed.
SHIVELY BILL TAKEN Up.
Senator Shively's anti-cigarette bill (No.
sd was next considered and discussed at
length. 1t provides that it shall be unlaw-
full for any person. firm or corporation TO
sell or give away cigarettes or cigarette
wrappers without first obtaining a license
from the county commissioners. The IL
cense fees are fixed at $50 for wholesale
dealers and 800 (as amended by Senator
Ellison) for retailers. Another section pro-
vides that cities and towns may also re-
quire retail dealers TO pay a license fee of
not to exceed 500 and Wholesale licenses
not to exceed So. it also makes il unlaw-
ful for dealers to sell or give away cigar
cite wrappers to any person less tnan
eighteen years of age. A penalty OF a fine
not less than $40 nor more than $500 may
be inflicted for the violations of the bill.
Any person under eighteen years of age
convicted OF having cigarettes or wrappers
in his possession is punishable by u fine OF
not more than SO.
After a long discussion, in which nearly
every senator in the Senate hambe took
part, the bill was passed with practical
unanimity, Senator Nusbaum alone voting
I'm the negative. He explained that his con-
stituents wanted "a prohibitory bill passed,
not one that would license the cigarette
evil.
y number of objections were urged
against the bill. one on which particular
stress was laid was that there are petitions
before the Senate from thousands or good
citizens of the State urging that an abb
sOlutely prohibitory bill be passed. Wednes-
day senator NIcCord's bill absolutely pro-
hibiting the sale and manufacture OF
cigarettes was faVorably reported by the
committee on public health. Senator
Shively's bill was reported by the judiciary
committee. In order To have an opportu-
nifty to have his bill passed first. Senator
McCOrd moved that the consideration OF
Senator Shively's bill be made special order
for next Tuesday. His motion was lost
| Senator La Toilette said that there was
nothing To prevent the Senate from passing
Senator Shively's bill and afterward pass.
ing Senator McCord's. III the constitutions
objections against a prohibitory law shouiC
I be sustained against Senator McCord's bill
by the courts In the event of it's becoming
"A law, then the prior law licensing the sale
OF cigarettes would become operative.
Serious doubts were expressed as tC
whether the Shively bill might not be over
thrown by the federal courts. inasmuch a.
IL has been held in other States that law.
prohibiting the sale of cigarettes shipped
into the State I'm original package from
! other States were In direct contrayention o.