Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-08-18
Court Decisions of
Interest

prohibiting Tobacco IN cities ne
city of Zion, H., adopted an ordinance
making it an offense to use or to carry
tobacco on any of the streets or in
the parks or the public buildings OF
the city; but the supreme court of IL
linois in City of Zion VS.. Behrens, 104
Northeastern Reporter, $50, declared
the ordinance void, using the follow
ing language: Recognizing that to-
bacco smoke is offensive to many per
sons, and in exceptional cases harm
full to some, we have no doubt that
power exists to prohibit smoking in
certain public places, such as street
cars, theatres, and like places where
large numbers of persons are crowded
together in a small space. But this is
quite different matter from prohibit
ing smoking on the open streets and in
parks of a city, where the conditions
would counterfeit any harmful results.
The personal liberty of the citizen can
not be interfered with unless the re-
straint is reasonably necessary to
promote the public welfare. The only
case that has been called to our atten-
ton that lends any support to the
monwealth VS.. Thompson. II Metc.
(Mass.) 231. In that case the supreme
court of Massachusetts sustained
statute which made it an offense to
smoke or have in ones possession
lighted pipe or cigar on any of the
streets of the city of Boston. In that
case the law was upheld on the ground
that it tended to protect the city
against damage from fire. This seems
to be the only case in the United
States where an ordinance or statute
forbidding smoking of tobacco. in any
form, on streets or public grounds, has
been sustained. While we have a
very high regard for the decisions of
the supreme court of Massachusetts,
still we are constrained in this in
stance to decline to follow the doc
trine of the Thompson case. 1t
will be seen that the ordinance in
question cannot be sustained on the
ground that it tends to protect the
property of the city from damage by
fire. If the ordinance were limited to
places where quantities of highly COM
bustible materials were collected, it
would be less Objectionable. In the
broad language in which the ordinance
is enacted it is apparently an attempt
on the part of the municipality to reg
1late and control the habits and prac-
tees of the citizen without any rea-
sonable basis for so doing. The ordi-
nance is an unreasonable interference
with the private rights of the citizen
and must be held void
What Literature is Obscene.-Judge |
Hand of district court. southern dis
trict, New York, in the case of United |
States VS.. Kennerly, 2O9 Federal Re |
porter 119. in overruling a demurrer |
TO an indictment for the publication |
Of obscene matter in a book, applies |
he old test as to what is obscene, /
ewd, or lascivious," because that test |
s so firmly established. He says, how |
ever:
Il hope il is not improper for me to |
say that the rule as laid down, how
ever consonant it may be with mid
Victorian morals, does not seem to me |
o answer to the understanding and
morality of the present time, as con-
Keyed by the words obscene. lewd, or
ascivious.' l question whether in the
md men will regard that as obscene
which is honestly relevant to the adj
'quate expression of innocent ideas,
md whether they will not believe that
ruth and beauty are too precious to
ociety at large TO be mutilated in the
interests of those most likely TO per
ert them to such uses. Indeed, il
GEMS hardly likely that we are even
oday so lukewarm in our interest in
etters or serious discussion as to be
ontent 70 reduce our treatment of sex
o the standard of a child's library in
he supposed interest of a salacious
ew. or that shame will for long pre-
ent us from adequate portrayal of
ONE of the most serious and beauti-
al sides of human nature. That such
altitude gives opportunity for it's abuse
true enough; there will be. as there
re. plenty who will misuse the privi-
'ge as "a cover for lewdness and a
talking horse from which TO strike
purity; but that is true today, and
My involves us in the same question
fact which we hope that we have
lie power to answer.
yet, If the time is not yet when men
link innocent all that which is hon
silly germane to,a pure subject. how
yer little 1t may mince its words.