The Savannah morning news., 1900-11-20
STATUS OF THE CIGARETTE.
N GOOD BUSINESS STANDING SAYS
SUPREME COURT.

Tennessee Won Her Case "a Far a.
Regulating the sale Is Concerned,
but the Court Declares the CiEa-
rette an Article of Commerce-The
Box of Ten, However. h Not m
Original PackaEe-What the Ne
clsion Means.
Washington Nov 19.-The United States
Supreme Court to-day rendered an opin-
ion ia the case Of william b. Austin VS.
the state OF Tennessee. involving the
question az 10 the recognition 90 which
cigarettes are entitled under the law.
The case originated in the state OF Ten
nessee. and IL called into question the
validity OF the state law regulating ihe
sale OF this article OF commerce on the
ground that IL was an infringement OF
the right OF Congress TO regulate inter
state commerce.
The Tennessee Supreme Court upheld
the law, and to-day's decision sustained
that verdies. though not withou, disap-
prevail OF some Of the positions taken. and
then upon very narrow margin. four
out OF nine members Joining IN dissent
ing opinion. and another member Of tho
court Gust.ce white) placing his assem-;
upon grounds different from those an
nounced by Justice Brown. who handed
down the opinion.
The case grew out OF the importation
Of cigarettes into Tennessee from North
Carolina They were taken into the state
ia the ordinary sized cigarette packages
about two boy four inches. and these pack
ases were loosely thrown into baskets
which We're uncovered. The claim was
made that these cigarette packages were
what IS known 20 the law as original
packages. but without clearly defining an
original package. the court held that IL
was clear that such packages could not
be so regarded.
Justice Brown in passing upon the case
said tnat the packages were obviously
made up with a view Of evading the law
and as he spoke ne held one OF the little
cigarette cases up TO his auditors. on
this point the decision OF the state court
TO the effect that the packages were no,
original, was fully confirmed
Cigarette la Good standing.
on another phase Of the case the state
court was not so fully indorsed The Ten
nessee court had held that cigarettes are
not an article % commerce With this
view Justice Brown took issue and he de
livered quite a dissertation upon the sub
jet. Whatever Is an object Of barter AMI
sale is he said, article u commerce.
and must be 30 recognized. Tobacco had
been such an article for four hundred
years. II had been made the subject Of
taxation and indeed had become more
widely scattered than any other vegeta-
BILE Probably he added. no other vegeta-
HE has contributed 80 much to the com
fort and solace OF the human race. This
Icing the case IL was entirely beyond
! bounds to say that tobacco was not an
| article OF commerce.
Iie then took notice OF the claim that
cigarettes are on 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 subject Of state regulation AS
is liquor and he further held that while
TO state law could prohibit Importation tn
original packages u was entirely comp,-
tent for a legislature 70 regulate the sale
! because OF the original belief In the dele
teri0us effect OF the article.
There was a dissenting opinion OF Jus
/ tice shirns, IN which the chief justice and
Justices Brewer ana Peckham Joined They
based their dissent upon the theory that
Congress has exclusive control OF inter
state commerce