The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-19
NOT An ORIGINAL PACKAGE
Decision of the Supreme Court in
the Cigarette Case.
Packs OF Ten Not Protected by the
Commercial Clause of the Fed
eraI Constitution.

Mr.. Justice Brown handed down the de-
cisiou Of the Supreme Court this afternoon
in the case Of W. B. Austin against the
State Of Tennessee, popularity called the Gig
arctic case. IN this case, ". 3. Austin,
prosecutes writ of error to reverse the
Judgment OF the Supreme Court Of Tenn
essee affirming the judgment Of the Grim
inai Court convictiag him and imposing a
fine Of $50 fs' selling cigarettes in violation
of the statute passed in 1897 by the Legis-
lature Of Tennessee prohibiting the intro
duetion and sale of cigarettes
Tne statute is in these words:
BE it enacted by the General Assembly
Of the State of Tennessee. That it shall
be a misdemeanor for any person. irm,
or corporation TO sell. offer to sell. or TO
bring in the State for the purpose OF Sell-
ing, giving away. or otherwise disposine
of, any cigarettes. cigarette paper, or Sub
stitute for the same; and violation CT
any of the provisions of this act shall be
a misdemeanor punishable by a fne OF
not less than $50
@Be It further enacted, That the grand
juries shall have inquisitorial power over
offences committed under this act"
The decision OF the Supreme Court CT
Tennessee was that cigarettes not being,
on account of their noxioUs and hGrtful
character. per Sc, legitimate articles of
commerce. and not having been declared
such, and commerce therein regulated. by
Congress, II was the right and duty Of the
State under its reserved police powers.
TO pass the statute in question. for the
protection of the lives and health of its
people, until Congress shall take appro-
pirate action in the matter Also, that
the sale Of cigarettes involved IN this case
was not Of al original package, but oi
parts of an original package that had
| been broken by the importer and there
/ fore, not protected by the commercial
clause Of the Federal Constitution -
The Supreme Court Of the United States
afirms that portion of the decision Of the
Supreme Court Of Tennessee which holds
! that the sale Of cigarettes involved in
I this case was not of an original package,
but does not affirm that part of the de-
/ clsion which contends that cigarettes are
not legitimate articles OF commerce.
Chief Justice Fuller and Associate JUS
tees Shiras and Peckham dissented.
In the opinion handed down today the
/ Supreme Court does not undertake to de-
fine what is al original package, nor
what is not further than to held that
the ordinary package OF ten or twenty
cigarettes such as is retailed 10 smokers
IS not an original package
In the Austin case il was held that IN
agent Of common carrier went 10 ware
/ house Of the American Tobacco Company
in Durham, y. c.. and gathered up from
the floor a large lot Of packages each con-
tanning ten cigarettes In this basket the
little packages were shipped into Tennez-
see The contention OF the shippers and OF
the importer was that these lftle packages
were original and therefore could De sold IT
Tennessee under the commercial clause oi
the Constitution.