New-York tribune., 1905-04-21

Another case involving the use OF ABUSE OF a
States police power may have TO De CarIleu "
the United States Supreme Court IN 'he n*uI
eut,re In declaring unconstitutional the ten
hour bakery law passed by the legislature OF thls
State the court held last Monday that tne re-
striction complained of-the law forDldolhs any
baler 70 work more than sixty hours week
was not so much a sanitary reguiatioh "s an
effort 10 interfere with the right OF contract
T-nless Il vvos clear. the court decided that re-
strictions of this sort were intended to protect
life health or morals. they could not be allowed
TO suspend or override the constitutional rights
Of the citizen Conditions in the bakery uaue
were declared not to warrant the use mace OF
the States police power, inasmuch as no perm
TO life. health or morals had been shown SUM
cient to Justify the arbitrary limitation OF
bakers working hours.
In view of this decision-declSred Oy JuSuce
Harlan to be an exceptionally important anu
far reaching one--an attempt now being maze
in Indiana to apply the States general police
mower is certain to attract much interest. The
Indiana Legislature at its last session passed
stringent anti-cigarette law. This measure made
it illegal to manufacture, sell or give away Gig
arettes; but it went even further than tnat ana
made it q Unable offence TO smoke cigarette or
TO have in ones possession either cigarette or
a cigarette wrapper The law was approved
by the Governor and has now gone into erect
On Tuesday last the leader of an orchestra IN
Richmond. Ind was arrested for smoking
cigarette and was fined S25. A citizen of Ander-
son. Ind was arrested on the same day and
fined $50 for having cigarette paper in his pos
session. Appeals have been taken in both cases,
and the State courts will have TO decide whether
the law as it stands Is valid. Eventually-if the
plaintiffs lose-an appeal will be made to the
federal Supreme Court.
There seems to be no question about the va
lidity of the law, in far it forbids the manu-
facture or sale of cigarettes in Indiana. If
State holds such traffic to be injurious to
health and morals it is within its functions in
forbdding it, just as Maine, Kansas. Vermont
and other States have forbidden the manufact-
ure and sale within their borders of alcoholic
liquors; but to prohibit a citizen from smoking
a cigarette-from consuming even privately an
article which has come legitimately into his
hands-certainly points toward an invasion Of
an individual right as fully assured to the citi-
zen the right of contract. Moreover. to put
penalty on the mere possession of an unrolled
cigarette paper involves a stretch of sanitary
regulation as yet unheard Of: for even in pro-
hibition States no legislature has yet attempted
to penalize the possession of corn or barley or
hops or any other of the constituents which go
to the making Of malt or splrituous liquors
1t will he interesting also to hear just what
distinctions Indiana is going to draw to sustain
its discrimination between various classes Of
smokers. Tobacco poured in a pipe bowl can
be smoked without offence to public health or
morals but the same tobacco rolled in Il piece
of paper and smoked becomes a peril and a con.
tagion. The Egyptian or Turkish cigarette is
banished and price put on it's aroma. while the
Wheeling stogy is allowed to faunt itself un-
chastened and unmolested. II citizen has a
right to work eleven hours a day-when he
chooses-at an occupation not peculiarly hazard.
Gus or unhealthful. has he not the right also To
chose whether he will smoke his tobacco in a
paper covering or in clay or brierwood bowl?
states have sought to put their police powers
10 many strange and arbitrary uses Indiana's
anti-cigarette law is sure to serve rs toT+ Cor
further illuminating comments on tba +rua COW
of this police function