The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-11-22
THE CfcAREgTyTE DE<TsIoN

It is somewhat disappointing that the
United States supreme court in its re-
cent decision did not pass directly upon
the question involved as to the validity
Of state law interdicting the use Of
cigarettes, A great deal of false senti-
ment has been called into existence on
the subject of the so-caIled cigarette
evil. Sumptuary legislation has found
expression in connection with the ciga-
rette as it has IN many other directions
in which neither the public health nor
the public morals have been involved.
Any state or local regulation which
prohibits the use OF. tobacco in any form
among young people is entitled to public
sustainment. But the legislation which
is aimed at the cigarette of commerce as
a bad thing In itself is narrow and Ill
considered. The ordinary brand OF Gig
arctic now on the market, and which
is in general use, is no more deleterious
than smoking tobacco in any other form.
The inferior brands may be and doubt
less are dangerous to those who use
them. especially in their irritating effect
upon the organs Of the throat; bat the
proportion of persons, either young Or
old. who have recourse to the lower
brand of cigarettes is too small to be
considered at all as factor in the dis
puted proposition involved.
CO
cision just rendered on a cigarette law
of Tennessee enables one to determine
the real intent of the decision, it seems
plain that the court refuses to accept the
view that the cigarette is of itself
injurious to the public health, and can
accordingly be Iegislated out of exist
ence. 1t is not, save as all tobacco IS.
The tobacco used in the manufacture
of cigarettes is concededly of good quail
ity. The wrapper is of the best rice pa
per, and in itself is perfectly harmless.
The disposition on the part of young
men to have recourse to the cigarette
rather than to the cigar or pipe, lies at
the bottom of all the false sentiment
which exists on the subject.
Judge Browns language on the subject
of the value of tobacco deserves 10 be
quoted here 1t may not be concurred in
by all who read it; but, on the statement
as to the solacing effect of tobacco on
the overwrought nervous system, there
is not smoker in the land that will not
extend to it his complete concurrence.
Judge Brown says:
mo other vegetable has contributed
as much to the comfort or solace of hui
mankind. The court cannot recognize
the alleged harmful quality of the cigar
cite. 1t is not proposed to say that it
is harmful, although from what we see
is a general belief in its deleterious eff
feet, upon the young in particular The
court holds that it is within the province
of legislatures to say how far cigarettes
may be placed on sale, but they cannot
wholly interdict that"
This means, so far as we can Judge.
that no state has the power to pass any
regulation which prevents the total use
of the cigarette. This conclusion, too,
seems to be arrived at without reference
merce clause of the Constitution. It is
probably safe to assume that had the
question of the introduction in original
packages into one state of cigarettes
from another state come before the court
it would have decided that the total in
terdictlon of the sale of cigarettes by
any state Is in violation of the Constitu-
ton.
Those who do not look with favor on
the general plan of legisIating the people
into certain lines of personal conduct
will be much pleased at this decision. II
will exercise a healthful influence on
public business, and will call the atten.
ton of the people of Tennessee to the
wrong of legislating along lines which
look to the control of the people in theil
personal habits, when those habits In.
voive neither injury to the community
nor to the Individual