The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-02-11

Senate Bill 81 rereslinr the
Anti-Cigarette Law passed the
House BY q majority vote yes.
terday, Speaker B. Z. Larkin will
rdie this afternoon. He said he
mad received an opinion request-
"a from the Attorney General
That the Bill could pass by a ma
jority instead If two-thirds
vote being necessary and he will
reverse his ruling of yesterday.
The North Dakota House of Rep
rcsehtatives yesterday afternoon vo-
twd for the repeal of the states anti
cigarette law and enacted measure
placing stamp tax on cigarettes
and licensing dealers in the state to
sell them to persons over 81 years
OF age, after April /, 1926. Passage
of the two cigarette bills Senate
balls Nos. 6l and G2-was accompan-
led by more than two hours and a
half of oratory, and wound up with
members protesting against the
ruling Of Speaker B. c. Larkin on
the vote on Senate Bill No. 81 and
defeating an effort to postpone vote
on Senate Bill No. 62 until tomor-
row.
Senate Bill No. 81, expressly re-
realing the anti-cigarette law of
1913 and prohibiting the sale of Gig
"rettes to persons under II years
OF age. under heavy penalty, passed
by vote of 72 to 40, with one alb
sent. Senate Bill No. 62. the licen-
sing measure which, by implication,
repeals the anti-cigarette law. pass
ed by a vote of 7S to 33, with two
absent. q
Speaker Larkin, Immediately after
the vote on Senate Bill No. 81 was
announced, declared that the measure
was lost because it failed to receive
two-thirds vote. His ruling was
Immediately challenged by several
PROPONENTS of the bill. The Speaker
held thai the bill needed a two-thirds
vote because the anti-cigarette law
had been voted on by the people in
1920. Members, taking issue, de-
clared that the Speaker was mis-
.aken. and that an attempt was made
.tG initiate repeal law in 1920, but
That it did not carry.
Opinion of Attorneys
Attorneys in the House, including
A. G. Divet "f Fargo, who opposed
the passage If the measure, told
the speaker he was wrong, and Rep
Gsentative Carr of jamestown read
a section of the Constitution. Speak
er Larkin, however, declared he
would adhere to his ruling until he
had opportunity to investigate the
measure. Then, on motion of Rep.
Halcrow, the speaker was permitted
to defer his ruling for one day. Rep.
Vogel. Mclean county, countered with
a motion for recess for 10 minutes
until the Speaker could consult the
Attorney General, but Speaker Lar
kin declared he would give no as
surance he was to return in 10 min
utes' and refused to recognize the
motion. '.S 'fH .
Speaker Larkin. who is much OPP
posed to the cigarette law repeal,
then suggested that Senate Bill No.
62. the licensing bill. be put over
for day and the House go into
consideration Of other measures, But
this suggestion was squelched by
supporters of the bill. An effort
by those opposed to the bill. in the
form of motion, to postpone action
until tomorrow, also was defeated.
The House, after summons of all
members had been made, then pass
ed the licensing bill by two-thirds
%te:
resentatives was crowded when the
cigarette bills we're taken up as
special order of business at 3 p. m.
A hard fight has been waged against
repeal of the anti-cigarette law by
opponents ever since Governor Sor-
lie, in his inaugural message, sug-
gested repeal.
Debate was mostly from the side
90 those opposed to the repeal, but
several members of the bill made
an explanation of their votes. Many
proponents of the bill hold that the
present anti-cigarette law is fail
ure, unenforceable, and that it al
ways will be Intellectual while Gig
arettes may be imported through
the United States mails from other
states lawfully.
Since both bills passed the SEN
ate by large vote, it is expected
that the Senate will repass them,
with amendments, or that confer
ence committee will reach an agree
ment for the two Houses.
Debate Opens
Representative Halcrow, Pembina
county, the first speaker, declared
!Sgarettes were harmful, that the
proposed Senate Bill No. 81, prohi-
biting sale to minors, could not be
enforced better than the present law
and that he did not "want to take |
the responsibility for boys learning
to smoke"
Representative A. G. Divet, Cass
county, one Of the last speakers,
made lengthy argument against
repeal of the anti-cigarette law.
CONTINUED on page three)