THE ALUMNI JOURNAL. 



285 



articles lies in the trade-marks. Thou- 

 sands and hundreds of thousands of dol- 

 lars are spent annually in placing them 

 before the public. If the public cannot 

 rely upon these articles, then a fraud is 

 being practiced upon them, and upon the 

 proprietary rights of those persons who 

 own trade- marks. 



This is a class of cases upon which 

 this court does not look with any len- 

 iency whatever." 



The court did not intend any sarcasm, 

 but the whole value of many of these 

 articles does lie in the trade-mark, not in 

 the compound itself. 



Sections 401 to 405, relate to the omis- 

 sion of apothecaries to label drugs, or la- 

 beling them wrongly, and compel a drug- 

 gist to keep a poison book in which must 

 be recorded the name and residence of the 

 person receiving the poison, together 

 with its kind and quality, and the name 

 and residence of a witness, unless sold 

 upon the written order or prescription of 

 a physician, whose name must be attach- 

 ed to it . The poison book must be sub- 

 mitted to the inspection of any person 

 upon reasonable demand during ordinary 

 business hours, and the refusal to do so 

 is punishable by a fine not exceeding 

 fifty dollars. 



A poison must be labeled, unless sold 

 upon such order, with the word "poison" 

 and have its name written or printed 

 upon it. 



No one employed in a drug store is al- 

 lowed to prepare a medical prescription 

 unless he served an apprenticeship of two 

 years, or is a graduate of a medical 

 college, or college of pharmacy, except 

 under the direct supervision of some per- 

 son duly qualified; nor is it permissible 

 to prepare a medical prescription except 

 under such supervision. The penalty 

 is a fine not exceeding $100, or im- 

 prisonment not exceeding six months. 



If death results, the person offending 

 is guilty of a felony punishable by a fine 

 of not less than $1,000, or more than 

 $5,000, or imprisonment of not less than 

 two years or more than tour years, or 

 both fine and imprisonment. 



Sections 407 and 408 punish the adul- 

 teration of drugs and medicines, or sell- 

 ing, offering or exposing for sale, if for 

 any cause unfit to be used, as a misde- 

 meanor. 



Sections 438 and 438a punish the use 

 of false labels upon any article as a mis- 

 demeanor. 



Sections 580^584 inclusive, make the 

 use and possession of false weights and 

 measures or other apparatus, a misde- 

 meanor. 



The Consolidation Act of the City of 

 New York, in §2015 makes it unlawful for 

 any but a graduate or licentiate in phar- 

 macy to open or conduct any pharmacy 

 or store for retailing, dispensing, or com- 

 pounding medicines or poisons in the 

 City of New York, except as provided for 

 in the act. But by the amendment of 

 the laws of 1889, ch. 448, the widow or 

 legal representatives of a deceased regis- 

 tered graduate or licentitate may con- 

 tinue his business if the actual retailing, 

 dispensing or compounding of medicines 

 or poisons be only by a graduate or licen- 

 tiate in pharmacy. 



The Penal Code §404, 725 and 726, 

 did not repeal this section, and §405 

 merely relates to persons employed in a 

 drug store and not to the proprietors. 



People vs. Rontey, 21 N. Y. St. Rep. 173. 

 c. c. 4 N. Y. Suppl. 235, 51 Hun. 643. 



Under §2016 no one can be registered 

 but a graduate or licentiate, or a gradu- 

 ate having a diploma from some legally 

 constituted medical college or society. 



We are furnished with the definition of 

 graduates and licentiates in §2017, which 

 provides that graduates are those having 



