The times. [volume] (Washington [D.C.]) 1897-1901, 1900-11-20
OPINION ON CIGARETTES
Paper Boxes of Ten Held Not 10 Be
Original Packages.
Decision of the Supreme Court in the
Case of w. II. Austin Against the
tie Cigars Declared to BE Ar
ticles of Legitimate Commerce.

per boxes containing ten cigarettes are
not original packages within the meaning
of the law. as they are not the packages
in which cigarettes are usually transport
ed from one State to another Chief Jus
tice Fuller and Justices Brewer, Shiras,
and Peckham dissented. holding Congress
under the Constitution is vested with full
control over interstate commerce.
The opinion was rendered in the case of
". B. Austin against the State of Ten
nessee, popularity called the cigarette
case. In this case. W. b. Austin prose-
cutes writ of error to reverse the judg
:nent of the Supreme Court of Tennessee
affirming the judgment OF the Criminal
Court conyicting him and imposing fine
of $50 for selling cigarettes in violation
of the statute passed in 1897 by the Legis-
lature of Tennessee prohibiting the intro
duclicn and sale of cigarettes.
Tine Statute is in these words:
BE it enacted by the General Assembly
of the State of Tennessee. That it shall
be misdemeaEor for any person, firm,
or corporation to sell. offer to sell. or to
bring in the State for the purpose Of fell-
ing. giving away. or otherwise disposinG
of, any cigarettes, cigarette paper. or Sub
stitu:c for the same; and violation CT
misdemeanor punishable by fine CT
not less than $50.
BE it further enacted, That the grand
juries shall have inquisitoriai power over
offences committed under this act"
The decision of the Supreme Court of
Tennessee was that cigarettes not being
on account of their noxious and hurtful
character. per Sc. legitimate articles OF
commerce, and not having been declared
such, and commerce therein regulated, by
Congress. it 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 an original package, but of
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 Safes
afiirms that portion of the does sion of the
Supreme Court of Tennessee which holds
that the sale Of cigarettes involved in
this case was not of an original package.
but does not affirm that part of the de-
cision which contends that cigarettes ale
not legitimate articles Of commerce
In the opinion handed down yesterday the
Supreme Court does not undertake to de-
fine what is an original package, nor
what is not, further than to hold that
the ordinary package of ten or twenty
cigarettes such as is retailed to smokers
is not an original package.
III the Austin case it was held that an
house of tho American Toh.cco ca,,nan,,
in Durham n q and yatborad nm fron,
the floor a LARGO Iot of nacla,oc a.cb oo,
tanning ten ciearettes In tbis hasta. tba
Iittle nackapes wera sb;nned ir.o Tannas
see The contention or az sh;nnar- ~
the importer was thai these iitti. nacka,e.
were origina, and therefore could no sold in
Tennessee under tho cop,morcioI .Iansa ~
Tho Constitution
Mr. Justice brown s.,d tho col, ,ra.
ttion presented was whether mr. mt tho
Tennessee law nrobihit;np tho ;mn,rt.
tion or sale Of cigarettes Was an infringe-
mont mon tbe exclusive nowor NJ CO..
press tn regulate commerce hatwoor To
States. The Supreme Court of Tennessee
upheld the constitutionalitv of the law nm
the ground that cigarettes were not Iegiti-
mate articles of commerce "Tbir conrt :,
said Mr. Justice Brown ..was moi nrena rcd
To fully endorse that oninion wha+sver
product had from time immemor;a, heen
recognized nv custom or law .s a ft sub-
10 ja,,I arl
ire m,nuf,cturo b,d hoan ,n.aa A. s,,h
loot ~ Eedersi regr,a,;on and eaton
must ha recovnized !. a laa;t;m,to ,rt;clo
of commerce .l,borob a rich, m ,ar-
t.;n evto,, ha ,ri,5in tho no,ico rovor
of the states M tbic-cl,es ~ naeas We
tobacco From tho FIRST settIemen, of
the COLONY of Virginia to the present day
tobacco had been one of the most profi:.
able and important products of the age.
and while its effects mipht he in iurinus In
some its extensive use over practicalIv
the entire globe was a remarkable tribute
to its popularity and value
1--WE are clearly of opinion" sail Mr..
Justice Brown that IL cannot be rlassed
with diseased cattle or meats decaved
fruits or other articles. the use of which
is a menace to the health of the entire
community. Congress too has recognized
tobacco in its yarious forms as leyiti-
mate article of commerce nv reu,lirinp
licenses To he taken ont for its manufac.
ture and sale imposing a tax upon each
nackage of cigarettes nut upon the mar
Tot and nv making eynress REGULATIONS for
III r,,an,,,an,,ro ,ho;r e,Io ,hair ~
,,nr.a.;nn % ;,,,nnrt,tinn ci9,rottos oro
~. 80 - tbo -,,,,,orons n,,tac t,,ros -
,oh,ooo "a NO nanno, ,.Lo ;ndici,i NO
IT, ~ 10 f,ot ,hat 4, &c ,,oro noxiou.
~ .,;s 49,, 49, IN ~ o,har VII,
erer ,nigbt he nnr individuaI views a. IN
its deIeterions tendencies We cannot hold
Thai anv article which Congress- recop-
vice In so MANY wavs is not n legitimate
ar.ia,e "a onr,n,oroo
nC;a.ra,.as an No, ea.,,, until reoent,v IN
s...e.s5 H. ,.,aa.;on - ~ r,;,,;o
10 -, ;a;,,r;o,s ,ben n,ha- forne ~ To-
$50 DC no,, rra,a-a5 80 ,.Lo
.'assS,, no o,'oaiaI -, -.
10. 49,, Va. -s ~ a,,dnrso tha orin
~; ~ r. c,,nran, corr. ~ Tannessea
, ,Hn ..,ex ,ra inbarer,Iv had and had only |,