Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-03
TIE COURT 5 OPINION
Written by Judge Weaver, of
Supreme Bench, on County
Cigaret Case
THE uNHoLY TRINITY DEFINED
THE uNHoLY TRINITY DEFINED
Whisky Sellers, cisaret Dealers and
Bogus Butter Merchants Declared
a Common Evil-case Has Attracted
Wide Attention-List Of Dealers and
Property Owners Equally Interested.

Property Owners Equally Interested.
The opinion of Judge S. NJ. Weaver,
of the Iowa supreme court, on the Gig
aret tax case from this county, the de-
terday, is food for thought for readers
in general and especially members OF
the bar who delight in the perusal of a
cleverly written document from the SUI
preme body. Judge Weaver has writ
ten several very fine opinions during his
short career on the supreme bench. and
this is proclaimed by many to eclipse
any previous effort.
The Marshall county action is Great
ing wide attention, not only for it's eff
fects in the state, but in other states
where similar actions are pending. As
stated in the dispatches yesterday Mar
shall county will benefit about $4,000 by
the decision, providing the United
States supreme court, to which the
American Tobacco Company will TN
doubtedly appeal, sustains the Iowa
court. Judge Burnham's friends in the
Seventeenth district are highly pleased
at Judge Weayer's decision, which sus-
tains him in the lower court on every
particular.
According to the facts as set forth In
the opinion. the American Tobacco
Company shipped a quantity of cigarets
to Mr.. Cook, who was operating a res
taurant on South Third avenue in the
building owned by Mr.. Plunkett. In
stead of being shipped in the usual fif-
ty or 100 pound packages the cigalets
were carried into the state from Mis-
souri, by the express company in the
boxes in which they were retailed
These boxes held ten cigarets each
When the cigarets arrived at their des-
tination they were scooped up in a
bushel basket by the accommodating
agent of the express company and car
RED to Mr.. Cooks place of business.
where they were sold, altho he had not
taken out a license as required by the
mulct law. The mulct assessment was
made lien against Mr.. Plunkett's
the district court. The case comes TO
the supreme court on the contention
that the cigarets were in Original
packages" and that therefore under the
constitution OF the United States and
the interstate commerce regulations
can not be interfered with by the state
authorities. Speaking OF the general
proposition the court says:
THE question is whether ten ciga1et s,
put up, bonded, shipped and sold in
such an original package as is meant
by the petition is such an original
package as is meant by the authorities
which the appellant relies upon. AS an
original proposition addressed to COM
mon sense, aided by conscience of av-
erage enlightenment and uncomplicat-
ed by precedent, there would seem to be
no room for doubt that this question
should be answered in the negative. 1t
must be admitted. however, that au-
thorities are not wanting affording the
appellants some ground to believe that
any scheme or device-no matter how
transparent the frauds sufficient to
battle the power of a sovereign state SO
long as It bears the mystic legend orig
inal package
Further along in the opinion the SUI
preme court says:
ut is striking but just commentary
upon the perversion of the principle
embodied in that decision (the original
package case) to note that practically
the only benef1ciaries of the modern
doctrine of the sanctity of original
packages in interstate commerce are
the whisky seller, the cigaret manufac- :
turer and the dealer in bogus butter, a
trinity which finds 1t profitable to force
their wares upon states whose people
seek to exclude them as injurious to
public health and morals.
This kind OF operation is left there
fore to those who have no respect for
law, on interest in the public welfare
and no fear Of public opinion. When
such men deliberately determine to put
money in their pockets by engaging in
a business which the state has declared
to be injurious to the public morals, the
public health or the public peace and
has therefore forbidden altogether. or
placed under strict police regulations.
they are morally certain to seek i'm
munity for themselves and their I'M
lawful business by immediate flight to
the sanctuary of the national constitu-
ton.
Beginning with the peripatetic
swindlers whose worthless wares are
transported in tin trunks which they
carry in their hands and who hunt their
victims in secluded villages and along
the country roads. with an instinct that
rarely fails, and running up and down
the scale of law breakers to the men
whose commercial operations extend to
the sale of oleomargarine by the pounl
or intoxicating drinks by the pint. there
is no man in the procession who is not
a conscious and deliberate law breaker
and who does not set his possible prof
its for forbidden business above his
duty to society or the state that pro-
tects him."
The other parties interested, as deal
ers and property owenrs where cigar
cts were sold, in the action brought by
Mr. Cook and Mr.. Plunkett, as test
case. are John III. Sundell, j. r. Meeker.
Henry Sundell, r. f.. Hartman, Henry
Hartwell, John Nelson. II. Binford. Pc
ter Pelligrene, A. r. Shorthiil, E. H
Powell George Shelter, John f. Diet
erich and John b. Hughes.