The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-11-28

tended for an anti-snuff law. Snuft
Legislation also created the biggest
feature of the last legislative session.
The syllabus follows:
In the Supreme court, state or
North Dakota.
State of North Dakota, plaintiff and
respondent, VS.. c. J. Olson,
and appellant.
1. Chapter 271 of the laws of 1918,
which makes it unlawful "for any
person, firm or corporation to import,
manufacture, distribute, or give away
any snuff or substitute therefor. un-
der whatever named called, and as de-
fined in this act" and which defines
snuff as "any tobacco that has BEEN
pulverized, or cut, or scented, or 9TH
erWise treated, or any substitute
therefor or imitation thereof, intend
ed to be taken by the mouth or nose
and which further provides that or
binary plug, fine cut. or LONG cut
chewing tobacco as now commonly
known to the trade of this state shall
not be included in such definition" is
constitutional and can not be assa1led
upon the ground that it deprives any
person of life, liberty, or property
without due process Of law, or denies
to any person the equal protection or
the laws.
Z. Inc courts CAN take JuulCldl uO-
tice hat the use of tobacco in any
form is ~uncleanly and that its excess
sive use is injurious.
3. The courts may. taxi judicial
notice that the use of tobacco in any
form by the young is injurious, and
that the use of snuff is especially so.
4. Police statutes can only be set
aside as unreasonable intereferences
with the right to liberty and property
if n 1ar no said that thew cannot nnS+
sibly have any reasonable relation to
the public health, morality, or to the
real public welfare. .
S. The courts may take cognizance
of the fact that snuff in North Dakota
Is generally used by holding it be-
tween the lip and the gums without
mastication, or by plastering 1t upon
the gums, and tina it is absorbed
rather than chewed.
6. The courts may take judicial
notice that tobacco held between the
lip and the gums, or plastered upon
the gums and absorbed rather than
chewed, can be used by the school boy
with less possibility of detection than
tobacco which Is masticated.
7. The courts can take judicial
notice of the general fear in the com-
munity that drugs and opium, are, and
can be, more easily mingled with snuff
and be less readily detected than In
other forms of tobacco.
8. Police laws need not necessarily,
be omnibus in their character, and it
Is permissible to legislate against n
form Of evil V though many other
and similar evils have not been con-
demned.
8. 1t is not necessary to condemn,
all forms of vice in order that any
particular form may be prohibited.
10. No criminal should be allowed
to complain Or escape punishment be-
cause someone else is more OF a Grim
inal or ore dangerous to society than
he; nor should any product which is
injurious to the community escape
regulation and condemnation because
there are others equally injurious
which are not regulated or forbidden.
II. There is no vested and inalien-
able right of property in that which is
a nuisance. >.
II. The fact that chapter 271 of
the laws of 1913. Familiarity known as
the Anti Snuff act, exempts from it's
provisions ORDINARY plug, fine cut. or
long cut chewing tobacco as now
commonly known to the trade of
North Dakota" does not render such
charge of class legislation.
10. Dictionaries do not give to
words their meaning; they only
chronicle that which has been done,
and the use must precede the chron-
icling. ~ l.. .Nt.'i "! r"
IA. In North Dakota the word
| SNUFF has a well established mean
ing in the popular mind and includes
any tobacco, whether fermented or
not, which is finely cut or ground and
dried in order that the same can be
taken into the mouth and absorbed
| without the necessity Of m~astication,
and is naturally adapted to such use
even though it is not usually taken in
the nose. f..
Is. The cours Of North Dakota car
take judicial notice of the meaning
generally given to words and terms
within their jurisdictia0, even though
such meaning is not the one generally
given in the world at large.
16. A title which prohibits the
manufacture or sale Of an article is
broad enough to include substitutes
therefor. s..<
(Syllabus by the court.)
Appeal from the district court OF
Stark county, Crawford, J. r.
Defendant was convicted of violat-
ing the provisions Of chapter I'll oil
the laws of 1918 relating to the sale
Of snuff, and appeals.
Affirmed. Opinion Of the court by
Engerud, Holt & Frame, Fargo, N