Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1913-12-05
Snuff Law s,
Constitutional
Jurists Say Sale Of Pro1uct IS Eff
fectively Stopped by Enact
ment of Last Leg.slature-Jud-
icial Notice of Several Features
o. K.

''N-NAA AsH1>o'o . A9'' P1oA3ii'ali1lS5
the sale of snuff is constitutional
under the decision cf the supreme
court, in the case Of the state
against c. ]. Olson, which was in
the nature Of test action, being
backed by the tobacco trust.
Olson was arrested in Stark
county for the sale of snuff. The
case was pushed through the dis
trict court hurricdiy, decision in
favor of the stale being made by
Judge Crawford Of that court. An
immediate appeal 70 the supreme
court was taken, and last nights
decision, affirming Judge Craw-
ford, holds the law is sound.
That the United States su-
preme court will be asked to pass
on the anti-snuf measure, is prac-
tically certain.
In its decision the supreme
court says the law in question does
grant equal protection to all per-
sons, and that it deprives no per-
sons of personal liberty or rights,
III of the laws Of 1913, famil-
iarly known as the A.nti-Snuf Act,
exempts from its provisions or
as maintained by the proecution.
Can Take Notion Of Effects.
Courts. says the decision, can
also take judicial notice of the
fact that tobacco. taken in any
form by the young, is injurious.
and that snuff is especially so.
The title of the act, which re-
lates to snuff only. is broad
enough to include substitutes for
that product, thus making the SUI
preme court decision even more
sweeping than was the finding Of
the district court.
The plea that the law singles
out of certain alleged vice without
abolishing others. the court says.
is unsound, as no criminal should
be allowed to escape punishment
because someone else is mo1eaf
a criminal or more dangerous to
society than he
Word "Snuff" Well Defined.
DEFINING the word snuff"
the decision says the word has
well established meaning 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
mastication.
The decision is far-reaching in.
its effect, and upholds the posi-
ton that has been taken by Com
missioner of Foods, E. F. Ladd.
who has long contended for an
anti-snuf law. Snuff legislation
also created the biggest feature
of the last legislative session.
The syllabus follows:
State of North Dakota, plain
tiff and respondent, VS.. c. ].
Olson, defendant and appellant.
|. Chapter III of the laws
of 1913, which makes it unlaw-
full for any person, firm or cor
poration to import, manufacture,
distribute, or give away any snuff
or substitute therefor. under what
ever name called, and as defined
in this act," and which defines
snuff as any tobacco that has
been fermented, or dried, or flaw
ored, or pulvcrized, or cut. or
scented. or otherwise treated. or
any substitute therefor or inita-
ton thereof, intended to be TAX
en- by the mouth or nose," and
which further provides that or
dinary plug. :in.. cut. or long cut,
chewing tobacco as now COM
monty known to the trade of this
state shall not be included in such
definition" is constitutional and
can not be assailed upon the
ground that it deprives any per-
son of life, liberty, or property
without due process of law, or de-
nies to any person the equal pro-
lection of the laws.
2. The courts can take judi
cial notice that the use of tobac-
CO in any form is uncleanly and
that its excessive use is injurious.
;. The courts may take judicial
notice that the use of tobacco in
any form by the young is injurious
and that the use of snuff is espec-
tally so.
4. Police statutes can only be
set aside as unreasonable inter-
ference with the right to liberty
and property if it can be said that
they cannot possibly have any
reasonable relation to the public
health. morality, or to the real
public welfare.