The Norfolk weekly news-journal., 1905-09-29

Guthrie, Okla, who is former law
partner of the late President Harri.
son, has informed the authorities of
Oklahoma that the persons who send
cigarette paper, or procure It to be
sent, are violating the laws against
conspiracy, and it is pointed out that
1t may be possible under such a hold
Ing to prosecute the residents Of Ne
braska who conspire to violate the
statue against the sale of cigarette
paper by sending their addresses TO the
nonresident corporations engaged in
the sale Of tobacco and cigarette ma
! terials.
/ II Is stated that the officials of the
New York company are undoubtedly
guilty of misdemeanors every time
they send packages of cigarette paper
to persons living in Nebraska. and are
chargeable with a double misdemean-
or when they send the material to
minors, so that If It Is possible to get
them within jurisdiction of the Ne
braska courts they may be punished in
the same manner as residents violat-
ing the law. Under the practice in
most states, It Is discretionary with
the executives whether they will eX-
tradite persons charged with misde-
meanors. 1t is believed that Govern
or Higgins of New York will reject the
requisition Of the Oklahoma authori-
ties for the eXtradition of the tobacco
company officials 1t is claimed that
there is nothing in the statute which
makes the misdemeanors cumulative
to such an extent as to make a felony
charge possible after repeated viola
tions, although the legislature would
have the power to make such a provi-
sion, and 1t is intimated that 1t may
be requested at the next session to
do so.
Can Punish for Getting Paper.
1t is pointed out that punishment of
conspiracy to evade the cigarette law
would prove an effective weapon If
leveled at residents who write for the
paper which is under the ban of the
statute. In cases where it has been
received without solicitation, the con-
spiracy feature would be wanting, it
is claimed, but where the greatest evil
Is done, in the case of young boys. the
names have been most usually sent in.
Under this theory the mere fact that
the conspiracy is effected in New York
would make no difference, since, it is
claimed, the commission of an act in
another state which has the effect of
violation of the criminal statutes
within the state is just as much an
offense against the laws as if the
original action occurred in Nebraska.
1t is also claimed that the mere fact
that the mails are used will not serve
to protect this traffic, and that it is
not interstate commerce as long as the
original packages are not used. In
this connection it is pointed out that
an effort may be made to secure rul-
ing of the department forbidding the
use of the mails to violate statutes
against the distribution of cigarette
paper.
Relative to this matter Attorney
Speed says:
"It is an established principle OF
criminal law that if a person is out
side the limits of a state or territory,
he may commit a crime against an
other state or territory if he can com.
NIT the injury by an innocent or ig-
nOrant agent having no will in the mat
ter. For instance, a man may stand
in one state and shoot a bullet across
the line and kill a person in another
state and be guilty of murder in the
other state, although never setting
foot in it. Also, if he stands across
the line and directs some child too
young to know better, to carry fire
across the line and set fire to build
ings, he is guilty of arson in the other
state, although he was never within
its limits. Lawyers have many other
of this principle.
when, therefore, the cigarette peo-
pie send by the postoffice department
of the United States a proposal into
the state to sell cigarette papers to a
citizen of that state, they thereby
make the postoffice department their
agent to carry that offer; and when it
is accepted by mail from a person in
Oklahoma, Indiana, Nebraska, or any
other state, the postoffice department
in law is considered the agent of the
cigarette people, and as their agent,
receives in Oklahoma territory, accept
ance; and when the cigarette people,
in response to that acceptance, send
through the mails that cigarette paper,
they deliver it in Oklahoma, and the
transaction is an Oklahoma
transaction. That transaction, where
the paper is bought to be used by the
purchaser, is not protected by the in
terstate commerce or by any other
United States statute"
IN nEnn 0T WI|0III TTIITn