The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-04-23
Magazines Carrying Them Can
Not Be Sold i'm State.
That Is the Opinion Handed
Down by Brewster Today.
AFFECTS ALL PUBLICATIONS
Only Direct Subscribers Can
Get FavOrite Periodicals.
New Law a Death Blow to All
News Stands.

Newspapers. magazines and period
icals published in Kansas or some
other state and sold offered for sale
or given away in Kansas. violate the
state law if such papers or magazines
contain advertisements of cigarets or
cigaret papers. That was the broad
and drastic ruling today of S. NJ. Brew
ster, attorney general. Under the rul-
ing magazines must cancel thousands
of dollars worth of advertising con-
tracts or withdraw their publications
from newsstands in this state
Under the law enacted by the re-
cent legislature. publication of adver-
tisements of cigarets or cigaret papers
by any paper in the state or sold In
the state is prohibited. An interpreta-
ton of the law today by General
Brewster provides that sale of mag
azine or newspaper containing cigaret
advertising is violation of the law.
Each sale is a separate and distinct
violation and each offense subjects the
salesman or publisher to a fine of SIS
to $100
In his opinion Brewster states that
the only manner in which publications
can make sales in this state and avoid
the cigaret and liquor advertising law
is to- publish separate editions Maga-
zines and papers sold at news stands
or on trains in this state are covered
by the law, the attorney general holds
regular
in advance subscriptions as the state
law cannot regulate the federal mail
service. Police powers of the state
however, give to the state the right
to restrict the sale or distribution of
such advertisements in Kansas.
Brewster's Opinion.
In his opinion, the attorney general
says:
Il am of the opinion that it will be
unlawful for any person, com pariy or
corporation owning or controlling a
newspaper or periodical, to carry in
such newspaper or periodical an ad-
vertisement of cigarets or cigaret
papers where such newspaper or per
iodical is published, offered for sale
or for free distribution within the state
of Kansas.
Il am also of the opinion that any
one who sells such newspaper or peri
odical containing such advertisement
from any news stand or upon any
train running in the state of Kansas
while in the state of Kansas, will be
guilty of violating the provisions of
this statute. | am, however. of the
opinion that the law cannot reach
those newspapers which are published
without the state and sent into the
state to individual subscribers thru the
United States mail so far as the ad-
vertisements contained in the newspa-
per sent to the individual subscriber,
thru the mail. In other words. if /
am a subscriber to a newspaper pub
lished in st. Louis Mo, and such pa
per is published ana "a copy of it sent
to me thru the mail, which copy con-
tains a cigaret advertisement, it will
be impossible for such paper or the
publisher of such paper. or the owner
of it to he reached by our state law.
but if such paper is put upon the
news stand and offered for sale on the
news stand. the person offering the
n
law"
The new law will become effective
some time in May with the publication
Of the statute books.