284 



THE ALUMNI JOURNAL. 



If one prescribes under the guise of 

 selling patent medicines or drugs it would 

 constitute medical not pharmaceutical 

 practice. 



Alcott vs. Barber, I Wend, 526, 



Thompson vs. Staats, 15 Wend, 395. 



Smith vs. Tracey, 2 Hall, 465. 



Underwood vs. Scott, 43 Kan. 714, 23 Pac. 942. 



State vs. Doran, 109 N. C. 864. 



On the other hand, a man was accus- 

 tomed to gather herbs, was called doctor 

 in his neighborhood, gave remedies to a 

 sick friend, and advised him as a neigh, 

 borly act without a fee. 



He was not held to practice and was 

 acquitted. 



Nelson vs. State Ala., 12 So. 421. 



The liability of a pharmacist is of a dual 

 nature — criminal and civil. A criminal 

 proceeding may be prosecuted against 

 him and a civil action for damages 

 brought at the same time. Nor can he 

 by a settlement of the latter, expect to 

 compound the former, for that might in 

 itself amount to a felony. 



The criminal liability is that defined 

 in the Penal Code, and in the Consolida- 

 tion Act of the City of New York. 



It is well to bear in mind that Section 

 29 of the Penal Code makes every one a 

 principal in the commission of a crime, 

 whether he directly commits the act, aids 

 or abets in its commission, is present or 

 absent, or directly or indirectly counsels 

 or procures another to commit it. 



Section 191 prescribes that a person 

 who provides, supplies or administers any 

 medicine, drug or substance, or uses or 

 employs or causes to be used or employed 

 any instrument or other means for im- 

 proper purposes, unless necessary to pre- 

 serve the life of woman or child, is guilty 

 of manslaughter in the first degree, pun- 

 ishable by a term of imprisonment not 

 exceeding twenty years. 



Section 200 provides that a physician 

 or surgeon who in a state of intoxication, 



and without a design to effect death, ad- 

 ministers a poisonous drug or medicine, 

 is guilty of manslaughter in the second 

 degree, punishable by imprisonment for 

 a term not exceeding fifteen years, or a 

 fine of not more than $1,000, or both. 



There is no such provision with refer- 

 ence to pharmacists. There would, then 

 seem to be tacit legislative recognition of 

 pharmaceutical sobriety. 



Section 217, sub-division 2, ordains 

 that administering any poison or other 

 destructive or noxious thing, so as to en- 

 danger life, or causing it to be taken by 

 another, is termed assault in the first de- 

 gree. 



Section 218 provides that administering 

 a drug or medicine the use of which is 

 dangerous to life or health with intent to 

 injure or with intent to assist in, or make 

 possible the commission of any crime, 

 when not amounting to assault in the first 

 is assault in the second degree. 



Section 297 makes the manufacture, 

 sale or giving away of an instrument, 

 medicine or drug for unlawful purposes a 

 felony. 



Sections 318, 319 and 320, make it a 

 misdemeanor to sell, lend, give away, 

 exhibit or mail any instrument, article, 

 recipe, drug or medicine for unlawful 

 purposes, and allows the issuance of a 

 search warrant in aid of the law. 



Section 364 to 368 inclusive, provide 

 severe punishment for counterfeiting 

 trade marks, and apply equally to the 

 sale, keeping or offering for sale, of goods 

 represented as the product or manufac- 

 ture of a person not the manufacturer. 



In this connection, I call attention to 

 the discovery by the Carter Medicine Co., 

 a few weeks ago, of a counterfeit of its 

 trade mark, "Carter's Little Liver Pills." 

 Several arrests were made, and. upon 

 conviction, Justice Jerome, in passing sen- 

 tence of three months' in the penitentiary, 

 said: "The whole value of many of these 



