The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-11-27

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" u
constitutional and can not be assail-
ed upon the ground that 1t deprivea
any person Of life. liberty. or propsr-
ty without due process Of law, or aa.
nies to any person the equal protso-
ton of the laws.
2. The courts can take judicial no-
tice that the use Of tobacco in amp
form is uncleanly and that its excess
sive use is injurious.
3. The courts may take judicial
notice that the use Of tobacco In any
form by the young - injurious, and
that the use Of SNUFF 10 especially 20.
4. Police statutes can only he sOt
with the right to liberty and property
II 1t can be said that they cannot pos
sibly have any reasonable relation to
the public health, morality or to the
real public welfare.
s. The courts may take cosnisanee
Of the fact that snuff in North Dako-
ia is generally used by holding It be-
tween the lip and the gums without
mastication, or by plastering It upon
the gums, and that It 10 absorbed
rather than chewed.
s. The courts may take judicial
notice that tobacco held between tho
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.
-. The courts can take judicial no.
tice Of the general fear in the com
Ipan 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 one
form Of evil even though many other
and similar evils have not been con-
demned.
.. It 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
because someone else is more Of a
criminal or more dangerous to society
than he; nor should any product
which is injurious to the community
escape regulation and condemnation
because there are others equally in
furious which are not regulated Or
forbidden.
II. There is no vested and in
alienable right of property In that
which is nuisance.
II. The fact that Chapter 27l Of
the laws Of 1913, familiarly known
as the Anti-Snun Act. exempts from
its provisions Ordinary plug. fine cut.
or long cut chewing tobacco az now
commonly known to the trade of
North Dakota" does not render such
statute invalid or subject to the
charge of class legislation.
nirfiNno A ~~t s,9,,> "a
words their meaning: they only
chronicle that which has been done.
and the use must precede the chron-
| icling.
IA. In North Dakota the word
SNUFF" has q we'll 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
without the necessity Of mastication,
and is naturally adapted to such use.
even though 1t is not usually taken
in the nose.
is. The courts of North Dakota
can take judicial notice 81 the mean
ing generally given to words and
terms within their Jurisdiction, even
though such meaning is not the ono
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.
(Syllabus by the court.)
Appeal from the District Court Of
Stark county, Crawford. !.
Defendant was convicted Of violat-
ing the provisions Of Chapter 27l Of
the Laws Of 1913 relating to the sale
OF -snuff and appeals.
Affirmed. Opinion Of the Court by
Bruce, J,