The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-20
CIGARETTE LAW IS UPHELD
U. s. SUPREME COURT HANDS
DOWN DECISION.
Narrow Majority of One Declare That
States Have the Right to Regu-
late the Sale.

Washington, Nov. 19.-The United
States supreme court today rendered
an opinion in the case of William 3.
Austin VS.. the state of Tennessee, in
yolving the validity of the state law
regulating the sale of cigarettes. The
law was attacked as an infringement
of the right of congress to regulate
interstate commerce.
The Tennessee supreme court upheld
the law. and tOday's decision sustained
that verdict, though not without dis
approval of some Of the positions TAX
en-, and then upon a very narrow mar
gin, four out of nine members joining
in a dissenting opinion, and another
member of the court Judge White)
placing his assent upon grounds diff
ferent from those announced by Jus
tice Brown, who handed down the
opinion.
The case. grew out Of the importa-
ton Of cigarettes into Tennessee from
North Carolina They were taken into
the state in the ordinary sized pack
ages, about 2x4 inches, and these pack
ages were loosely thrown into baskets,
which were uncovered. The claim was
made that these cigarette packages
were what is known to the law as
original packages: but, without clear
Iy defining an original package, the
! packages could not be so considered.
Aim to Evade Law.
/ Justice Brown. in passing upon the
/ case, said that the packages were OBJ
viousIy made uD with the. 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 thai
I cigarettes are not an article of com
/ merce. With this view Justice Brown
/ took issue. and he delivered quite {
/ dissertation upon the subject. What
. ever is an object of barter and sale is
+ he said an article of commerce and
must be so recognized. Tobacco haC
been such an article for 400 years. 1
/ had been made the subject of taxation
and. indeed, had become more widel!
/ scattered than any other vegetable
/ Probably. ne added, no other vegetable
I has contributed so much TO the com
Z fort and solace of the human race
This being the case. it was entirel!
beyond bounds TO say that tobacco wa
not an article of commerce
Calls Cigarettes Harmful.
lie then took notice of the claim tina
ciSarettes are an especially harmful
form of tobacco. and while he cOncede
that this might be the case, he re
marked that this claim was OF com
Daratively recent origin. He held tha
cigarettes are as much a subject 70
state regulation as liquor, and he fur
Their held that while no state law coul
prohibit importation in original pack
/ ages. it was entirely competent for
legislature to regulate the sale becaus
of general belief in the deieteriOus ef
feet of the article.
There was d dissenting opinion b
Justice ShiTas, in which the chlef Jus
tice and Justices Brewer and PeckhaT
Joined They based their dissent o
the theory that congress has eXcluSlY
control of interstate commerce