Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-05-26
INDIANA's CIGARETTE WAR.
All Sorts of Rulings As to New Laws
Meaning.

says an Indianapolis dispatch, has been
the subject of as many varying con-
structions as has the anti-cigarette
law Of the recent session Of the gen.
eral assembly. Some judges have held
that 1t applies only to dealers and have
discharged smokers when arrested;
some have held that 1t applies to in
dividuals IL they are found with cigar
cites or cigarette paper in their pos
session, and some have held that even
smoking is q violation and have fined
persons guilty of the offense. Others
still have held that while the law does
not apply to the individual smoker he
cannot legally give g. cigarette to an
other, and convictiC. has been had for
this cause.
| Yet the law is one Of the shortest on
the statute books. 1t provides that 1T
shall be unlawful for any person, by
himself, clerk, servant, employee or
agent, directly or indirectly, upon any
pretense or by any device, to manufac-
ture. sell, exchange, barter, dispose OF
or give away, or keep for sale, any ci-
garettes, cigarette paper or cigarette
wrappers, or any paper made or pre-
nared for the purpose Of being filled
with tobacco for smoking; or keep or
own, or be in any way concerned, en-
gagged or employed In owning or keep
ling any cigarettes, cigarette paper or
wrappers, and any person for violation
of the same shall be guilty Of mis-
demeanor, and upon conviction shall,
for the first offense, pay a fine OF not
less than $25 nor more than $50, ana
costs of prosecution, and stand COM
mitted to the county Jail until such
costs are paid:s and for the second and
each subsequent offense he shall pay
a fine of not less than 500 nor more
than $500 and the costs Of prosecution
and be imprisoned in the county jail
not to exceed six months; provided
that the provisions hereof shall not ap-
ply to the sales of jobbers doing an
Interstate business with customers
outside of the state"
On the night that the law went into
force all large dealers boxed up their
cigarettes and cigarette paper and
shipped them out of the state. Those
who had but small stocks on hand dis
tributed them gratuitously among
their patrons, and in a few towns the
left over stocks were publicly burned.
On the morning after the law went
into force a travelling man lighted
cigarette in a hotel at Logansport and
an officer placed him under arrest
The smoker had come in on a late
train, knew nothing about the Indiana
law, but had to pay the penalty OF his
ignorance the next day, when he was
fined.
| About the same time an arrest Tor
smoking was made In this city, but the
offender was discharged on the ground
that the law did not apply to his case.
A few days later a young man came
here from another state. AS he came
out of the Union Station he lighted a
cigarette and walked up the street,
smoking The police refused to arrest
him because the local judge had held
that the law did not apply to smokers.
Further up the street the stranger
asked some one the way to a certain
business house. He lighted another
cigarette as he received the informa-
ton and gave one to the person he had
|
away cigarette.
A youth on the South Side was seen
smoking a cigarette and was asked by
an officer where he got it. He point
ed to a friend standing by, and the
latter was searched. Cigarette paper
and tobacco were found in his pockets,
and he was arrested for having "mak-
ings" in his possession. While, there
fore, in this city men are smoking with
impunity they can not give friend
cigarette, nor can they have the "mak-
ings" in their possession.
| But despite this fact hundreds of
Indianians get all the cigarette paper
they want and get 1t, too, without ex-
pense. When the law went into ef-
feet advertisements appeared In AL
the papers Of the state directing cigar
cite smokers to write to the office OF
the American Tobacco company and
they would receive cigarette papers
free Of charge. Hundreds did so. of
course, and there is not city In the
t., toh nto fn NOT
INDUCED In to greater or less extent,
either openly, as here, or secretly as
in other cities. Cases involving all
phases Of the law are now pending In
the courts. For instance, w. w. Low
cry, a young attorney Of this city,
went into the court house few days
ago when he knew that the grand jury
was investigating cigarette cases. He
stood in the hall and accosted the ju-
rors as he smoked a cigarette, and
thus invited an indictment. He was
| accommodated, Of course, and the case
will go to the supreme court.
It Is said that the tobacco men do
not expect the supreme court of the
state to set aside the law In respect to
dealers, but this phase Of 1t will go to
the United States supreme court. 1t
does expect, however that the state
court will set aside the law as 1t re-
lates to private individuals, and thus
the way will be opened for entrance In
to the state through it's mail order de-
partment.
In one of the cities Judge has gone
so far as to construe the law to apply
To q small nipar the size of q cigarette.