Smoking Law in Indiana; Muncie manufacturer to test law


Publication: The Fort Wayne Weekly Sentinel

Fort Wayne, IN, United States
vol. 73, no. 32, p. 6, col. 1



Lad Who Violated Anti-Cigarette

Law to Be Made an

Example Of.


New Measure Reported to Be

Obeyed Fight to be Made

to Test Validity.

Indianapolis, April 17. Indianapolis authorities have instructed all policemen to warn those seen smoking cigarettes that the law is being violated. No arrests will be made at first. Sale of cigarettes has ceased. The first arrest in Indiana for violation of the cigarette law was at Muncie. This arrest was of a boy and has served as a warning to other boys. One prominent manufacturer at Muncie talks of making a test of the law in his own case. He smokes cigarettes and regards the new law as a violation of personal liberty guaranteed under the constitution. At Lebanon the prosecuting attorney doubts whether an action against individual smokers would stand. Other lawyers in the state take the same position. Nearly every city and town in the state, however, reports a rigid enforcement with no sales of cigarettes and none seen smoked on the streets.

It is the opinion at the office of the attorney general that the anti-cigarette law is absolutely prohibitory and that not only can cigarettes not be sold or given away, but they cannot be smoked or even owned, no matter how the possessor obtained them. Attorney General Miller will not give an official opinion on the question until he has been asked to do so officially.


Governor Hanly, when asked what he would do in regard to the enforcement of the cigarette law in cities that have boards of metropolitan police commissioners, smiled and said: "You know my answer to that question or any similar question. That law is on the statute books. I pledged myself and the people of the state that I would enforce the law. Of course, I will see to its enforcement in so far as it is possible."

According to all reports received here the anti-cigarette law, which went into effect by proclamation of the governor Saturday afternoon, is being faithfully observed by dealers throughout the state. A move to test the validity of the law will be made at once. Lafayette dealers will raise a fund with this object in view and will carry the case to the supreme court if necessary. It is understood that the tobacco trust is back of the movement to make a test case. The federal court has upheld the validity of a similar law enacted by the Tennessee legislature.

Dealers had anticipated the governor's proclamation and most of them closed out their supplies of cigarettes at bargain prices, the coffin nail users laying in a stock for home consumption. A Fort Wayne man made a public bonfire of his stock, while others had an agreement with the trust by which they returned what was unsold.

One effect of the law, dealers say, is to increase the demand for cigars, while the call for pipes has taken a great spurt.

Researcher notes:Ralph Hemingray refused to abide by anti-cigarette laws that were enacted. A story of this can be found in article ID 14124 It is not certain if the manufacturer mentioned was Ralph Hemingray or not.
Supplemental information:Articles: 11658, 11023, 13616, 14124, 14527
Researcher:Bob Stahr
Date completed:September 4, 2010 by: Bob Stahr;