Judge Leathers comments on new cigarette law


Publication: The Muncie Morning Star

Muncie, IN, United States
vol. 27, no. 42, p. 6, col. 6-7



Judge Leathers Gives Further

Ideas Affecting the

Anti-Cigarette Law.


Not a Crime to Consume or Make Your

Own Smokers From Goods Bought

in Another State.

[By Star Special Service.]

Indianapolis. June 9. — Since making his ruling on the new anti-cigarette law, Judge Leathers has been besieged with questions from cigarette smokers and others as to what effect his opin­ion has on “home-made" cigarettes — the articles made by rolling the "makin's" in a bit of paper.

In his opinion Judge Leathers dealt altogether with the manufactured cig­arettes done up in "original packages," and those who are addicted to the use of the self-rolled cigarette were some­what in doubt as to their rights.

When asked concerning the rolled cigarette, Judge Leathers smiled and said: "That is easy to answer. If the manufactured cigarette as a whole is an article of Interstate commerce, a part of the whole, i. e. the cigarette paper, is likewise a legitimate article of commerce.

There is no law against buying a sack of tobacco in the state. Conse­quently, if the person has cigarette papers imported to him from other states, he is protected by the Interstate commerce clause of the constitution, and can use the cigarette paper as he sees fit so long as he does not let them pass from his possession.

Therefore, so long as he excercises complete control and dominion over the cigarette paper which he has had imported to him, and does not permit his friends or guests to indulge in the peculiar, if not innocent and innocuous delight experienced by cigarette smokers, I do not believe that he can be prosecuted under the new cigarette law."

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
Supplemental information:Articles: 11658, 11023, 11495, 14124, 14527
Researcher:Roger Lucas / Bob Stahr
Date completed:May 3, 2023 by: Bob Stahr;