Jasper County Democrat, Volume 8, Number 10, Rensselaer, Jasper County, 10 June 1905 — LAW DECLARED VALID [ARTICLE]

LAW DECLARED VALID

Anothsr Ruling on th* Anti-Cigar-stt* Statute That Differs from Others. ACCUSED MAN IS ACQUITTED Interstate Commerce Sets Him Free— Would -Be Suicide Saved from Death, Indianapolis, June 9. —Judge James M. Leathers, sitting as special judge in the criminal court, acquitted William W. Lowry, an attorney of this city, on the charge of violating the new anti-cigarette law by “unlawfully owning and keeping a certain cigarette.” Lowry admitted that he had cigarettes in his possession at the time the indictment was returned, but Judge Leathers held that inasmuch as he had obtained hiseigarettes in original packages from outside the state, he, therefore, engaged In Interstate commerce, and was protected by the interstate commerce clause of the federal constitution, which, he held, is a shield against prosecution under the new an-ti-cigarette law so long as the receiver of the cigarettes does not permit them to pass from his possession. Lav Held To Bo Constitutional. The effect of Judge Leathers’ ruling which was on the motion of Lowry to quash the indictment, is to hold that the new anti-cigarette law is constitutional; that it is meant to apply to the smoker as well as the dealer, but that cigarettes are a commercial article, and the supreme court of the United States has held that the right of a citizen to carry on interstate commerce is conferred by the constitution of the United States, and cannot be controlled or limited by the state. The minute a person who has imported cigarette from another state permits them to pass from his possession. Judge Leathers holds, he becomes amenable to the anti-cigarette law in that the cigarettes cease to be an article of interstate commerce. Cannot Give n Friend n Ciftralta. The effect of this. Judge Leathers believes, will place a heavy burden on the state in the enforcement of the new law as against possession of cigarettes. In each case of prosecution the state would have to prove that the cigarettes were obtained within the state. In brief, the decision is that a person lawfully obtaining cigarettes from outside the state may possess them and smoke them in safety so long as he does not give them away or sell them.

MINIBTKR W IS OUT LATE Otherwise nn Elderly Friend Would Here Been Successful In an Attempt at Suicide. Muneie, lud., June 9.—Discouraged by continued business reverses lasting through a period of several years, during which he has seen his prosperous business colleges in Muneie, Newcastle, Hartford City and other Indiana towns, driven out of existence by competition and discouraged over the death of his wife, which occurred about three years ago. ProfessorJ. West brook Howard attempted suicide in his apartments by swallowing morphine. He is still in a serious condition, though he Is likely to recover. Before taking the drug. Howanl. who Is about 70 years old, went. late at night, to the home of Rev. Harry N. Wilson, pastor of the First Presbyterian church, and, supposing the minister would be asleep, left a note beneath his door telling Rev. Wilson that by morning the writer of the note would be dead. Rev. Wilson as gut late, however, and returned soon after the note had l>een left. He secured medical aid and Howard’s life was saved.

One Dltero Company la AH Right. IntHhintixilis. June 0. —The receiver for the l*l>ero Plantation company, of Indianapolis, has been discharged and the property of the company returned to the control of the company. The receivership was asked shortly after the publication of the difficulties of plantation companies in the east bearing the same name, but in nowise connected with the local company. Indlnnn Ratal) Druggist*. Terre Haute, Ind., June 9. The Retail Druggists of Indiana have elected the following officers: President. Harry Gluck, ami first vice president. Carl Schultz, both of Lafayette: second vice president. Charles D. Dean. Bluffton; third vice president, louls Tape. Evansville; secretary, G. A. Tlmberlake, and treasurer, Prank Carter, 'both of IntManHftolls. Judge Kulaa for aha Railway. Indianapolis, June 9.—Judge Carter, of the superior court, has overruled the demurrer of Marlon county officials to the suit brought by the Vandalla railroad which baa as Its object the prevention of a levy on Its property to satisfy $326,000 taxes said to be due the county. Oaaour Makaa Bar a Crip pi*. Bluffton, Did., June 9.—Miss Leila Christman, 17 years old, daughter of Mr. and Mrs. Frank Christman, of this city, has undergone amputation of the right leg above the knee, due to a cancerous growth which had Its origin in a bruise. Bays a Stun a Crushing Plant. Peru, Ind., June 9. —Charles H. Brownell has purchased for SIO,OOO the Btone crushing; plant and lime kilns from the W. D. Miller estate. „