The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-10-03
CIGARETTE
LAW VALID
STATE SUPREME COURT UP
HOLDS STATUTE IN
TEST CASE.
Says Question of Title Does Not
Affect Its Legality-Case Was
Carriedup From Spokane Coun-
ty-Other Decisions From the
Supreme Court.

tionality of the anti-cigarette law,
passed by the last session of the legis-
lature, has been upheld by the SUI
preme court in the opinion reversing
the superior court of Spokane county,
Judge Sullivan, where the law has
been held unconstitutional. This later
decision was given in the case of the
state against H. S. Winsor, accused of
selling cigarette papers.
The chief contention of the defense
was that the law was fatally defective
as to it's title because it did not make
clear that the act did not prohibit
Washington jobbing firms from selling
cigarettes to the people outside of the
state. Such a provision was, of course,
necessary in the law to prevent it be-
coming invalid as an interference with
interstate commerce.
Ruling on the question of title, the
supreme court holds that the title to
an act need not be an index to the
contents of the act and is sufficient
when it fairly gives notice and directs
attention to the body of the law,
where details may be found. The de-
cision directs the Spokane court to
proceed with Winsor's trial. ..
Representative Byerly of Cowlitz
county was the rather of the anti
cigarette law and secured it's passage
in the face of considerable opposition.
1t prohibits the sale of cigarettes and
cigarette markings" in this state.
! Since it's enforcement cigarette smok-
ers have secured their supplies by
mail orders when other means failed.
Olympia, Sept. ga decision de-
termining many important points with
| respect to local improvement assess
ments has been rendered by the state
supreme court, which sustains the
work of the commission fixing the as
sessment and order of the superior
court affirming the same with respect
to the widening of Third avenue, Sc
attic, and a regrade of that thorough
fare. The Meteor Land Company ap-
pealed from the assessment for fail
ure of the commission to assess part
of the cost to the general fund of the
cost outside of the assessment district
created by the commission, and that
the assessment of certain property
within the district was at less than it's
proportional share of the cost. The
supreme court says: "These are
largely matters of fact and of opinion,
and this court cannot substitute it's
judgment for the judgment of those
whom the law has charged with the
duty of establishing the district and
appertioning the COST The Monidah
Trust Company appealed on the ground
that the assessment was based on the
value of the property rather than the
resulting benefits. The court finds
that the record does not support this
contention.
Judgments for defendants we're af-
firmed in the Skamania county case of
Edwin Learned and wife against ]. M.
Imam, and in the King county case of
C. T. Hardinger against George G. Co.
lumbia and others, both being for spe-
cific performance of contracts to sell
real estate.
Lea Helmer against the Title Guar
anty and Surety Company to recover
on contractors bond. King county
Judgment set aside and new trial or
dered to require plaintiff to submit
proof that it had been necessary to
nav liens on the building.