The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-20
STATE COURT SUSTAINED
Tennessee May Regulate the Sale
of Cigarettes.
BAR ALL NOT IN ORIGINAL PACKAGES
-Four of the Justices Dissent From This Opinion,
Taking the Ground That Congress Has
Exclusive Control of Inter-
State Commerce.
(By the Associated Press

Washington, Nov. 19.-The United
States Supreme court today rendered an
opinion in the case of William Baustin VS.
the State of Tennessee, involving the
question as to recognition to which cigar
cites are entitled under the law. The
case originated in the State of Tennessee,
and it called into question the validity of
the State law regulating the sale of this
article of commerce on the ground that
! it was an infringement of the right of
! Congress to regulate interstate COM
merce. The Tennessee Supreme court
upheld the law and todays decision sus-
tanned that verdict, though not without
disapproval of some of the positions
taken, and then upon a very narrow mar
gin, four out of nine members joining in
a dissenting opinion and another member
of the court (Justice White) placing his
assent upon grounds different from those
announced by Justice Brown, who hand
ed down the opinion. The case grew out
Of the importation of cigarettes into
Tennessee from North Carolina They
were taken into the State in the ordinary
! sized cigarette packages, about two by
| four inches, and these packages were
loosely thrown into baskets which were
uncovered. The claim was made that
these cigarette packages were what is
known to the law as the original pack
ages; but without clearly defining an
original package, the court held that it
was clear that such packages could not
be so regarded. Justice Brown in pass
ing upon the case said that the packages
were obviously made up with a view of
evading the law, and as he spoke he held
one of the little cigarette cases up to the
view of his auditors. On this point the
decision of the State court to the effect
that the packages were not original, was
fully confirmed.
On another phase of the case the State
court was not so fully endorsed The
Tennessee court had held that cigarettes
are not an article of commerce. With
this view Justice Brown took issue, and
he delivered quite a dissertation upon the
subject. Whatever is an object of barter
and sale, is, he said, an article of COM
merce, and must be so recognized To-
baccO had been such an article for four
hundred years. 1t had been made the
subject of taxation and indeed had be-
come more widely scattered than any
other vegetable. Probably, he added, no
ether vegetable has contributed so much
to the comfort and solace of the human
race. This being the case il was entirely
beyond bounds to say that tobacco was
not an article of commerce. He then took
notice of the claim that cigarettes are an
especially harmful form Of tobacco, and
while he conceded that this might be the
case, he remarked that this claim was of
comparatively recent origin. Still, he
held that cigarettes are as much a sub
ject OF State regulation as is liquor, and
he further held that while no State law
could prohibit Importation in original
packages it was entirely competent for
legislature to regulate the sale because
Of the original belief in the deleterious
effect Of the article.
There was dissenting opinion of JUS
tice Shiras, in which the Chief Justice
and Justices Brewer and Peckham Joined.
They based their dissent upon the theory
that Congress has exclusive control of
Interstate commerce.