The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-07-29
LADD DISCUSSES
THE SNUFF LAW
IN LATEST BULLETIN HE QUOTES
ATTORNEY GENERAL MlLLER'S
LETTER HOLDING THAT FRIGHT
GUT" Is VIOLATION OF THE RE-.
GENTLY PASSED LAW.

Pure Food Commissioner Ladd has
Just issued a new bulletin which con-
tains a number of interesting rulings.
The cold storage law; the new adVer-
Using law; alum in food; a discussion
Of t~artaric acid, which is prohibited:
gelatin or gum in ice ream benzoate
Of soda; damaged food; ammonia wat
err; graham flour: a long analysis Of
certain articles of o and several
other topics are considered.
The feature of the bulletin is a dis
cusslon of the enforcement Of the new
snuff law. Concerning this the bulle-
Tin says:
The Snuff Law.
OF late numerous requests have been
received for information As 10 whether
or not the sale Of COPENHAGEN snuff,
so-called Right Cut tobacco. and like
products are prohibited from sale in
North Dakota on and after July 1.
Hon. Andrew Miller. attorney Gener-
al for North Dakota, was asked for an
Interpretation of this feature of our
law, and especially as to whether or
not Right Cut tobacco could be sold
legally under the provisions Of the
statute. l append, herewith, his reply:
June %, 1913.
Dear Sir: 1 beg to acknowledge
receipt Of your favor under date of
June IS, in which you request an opin-
ion from me as to whether So-called
Right Cut tobacco is included under
the definition of section z, of chapter
271, laws Of 1913, prohibiting the use
Of snuff or substitutes therefor.
Section 2 defines snuff as any to-
bacco that has been fermented. dried,
or favored, or pulVerized, or cut, or
scented, or otherwise treated, or any
substitute therefor or imitation there
Of intended TO be taken by the mouth
or nose, except ordinary plug, fine cut,
or long cut, chewing tobacco as COM
monty known to the trade of this state.
This definition, as I understand It, in
-.Jues and prohibits all tobacco, or any
substitute therefor. or imitation there
Of. intended to be taken by the mouth
or nose. except the ordinary plug, fine
cut, or long cut, chewing tobacco at
the date OF the approval Of the bill,
commonly known to the trade OF this
state.
ITO come within the definition Of
snuff, Right Cut must be, first: Eth
er tobacco or some substitute therefor,
or imitation thereof. Second: 1t must
have been either fermented, or dried,
or favored, or pulVerized, or cut, or
scented, or in some manner treated.
Third: Intended to be taken by the
mouth or nose. And fourth: Not be
SuCL OEulIldIy pug, ma CUT, VI lOLS
cut, chewing tobacco now commonly
known to the trade of this state.
81 am entirely unacquainted with
what is so-called Right Cut tobacco
but for the purpose of this opinion ]
assume Of course that 1t is: 1. Either
tobacco or a substitute or imitation
thereof. 2. That it has been either
fermented. dried, favored, pulverized,
cut. scented. or otherwise treated. 8.
And that it is intended to be taken by
the mouth or nose: and therefore
comes within the general definition of
snuff contained in said section 2, thus
narrowing the question down to the
proViso containing the exception to the
general definition.
THE first exception is ordinary plug
chewing tobacco now commonly known
to the trade of this state To come
within his exception it must be: l.
Ordinary plug. 2. Chewing tobacco. 3.
Such plug chewing tobacco as now
commonly known to the trade Of this
state. @".
Your description of Right Cut to-
bacco shows that 1t is put up in on
tainers of the same character hereto
fore used for snuff, and to be cut very
fine instead of pulveriZed, having the
same general flavoring qualities and
moisture hat has heretofore been
characteristic of snuff, and in a gener-
al way a fairly good substitute fol-
what has heretofore been known as
snuff. Therefore, it is apparent that
Right Cut does not come within the
first exception.
THE second exception, is ordinary
fine cut chewing tobacco now COM
monty known to the trade Of his state
Which I understand to mean such fine
cut chewing tobacco as heretofore has
ordinarily been kept for sale and solo
I ~ 4ha Gnn1n~c IF fhiG utntn ca &c fS
have become commonly known to the
trade as a chewing tobacco. distin.
guished from chewing tobacco put VI
in plug form. From you description
Of Right cut I do not believe it comes
within this second exception, for the
reason that whatever it. may in fac
be. it has not been heretofore com
monty known to the trade of this state
as a fine cut chewing tobacco.
1.-THE third exception Is ordinary
long cut chewing tobacco heretofore
commonly known to the trade of thi:
state, which I understand to mean {
chewing tobacco heretofore commonl,
known to the trade of this state, an
distinguished from plug on account O.
not being put up in the form Of plus
tobacco. and distinguished from fin,
cut because not cut SO fine, but still
an ordinary chewing tobacco hereto
fore commonly known to the trade o
this state. From your description o
Right Cut tobacco I am of the opinion
that whatever 1t may in fact be, 1t i!
neither such an ordinary chewing to
bacco rs has heretofore been common
ly known to the trade of this state a.
plug chewing tobacco, or fine GU
chewing tobacco, or long cut chewing
tobacco. and therefore comes with,
the definition of snuff or soma substi
tute or imitation thereof prohibited b!
chapter 271 aforesaid.
"T have the honor to be, S8 y
yours very truly,
d" "(Signed) Andrew Miller,
ATTORNEY General.
It would seem clearly evident, there
fore, from the Interpretation place.
upon the law by the attorney general
that, the sale OF Right Cut tobacco, al
well as all other substitutes or fnita
tions of snuff, are prohibited in Nortl
Dakota.
(Signed) e. F. Ladd,
Commissioner.
KaENsM -
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