85 



report shall be deemed to justify such action, the board shall duly cause the prose- 

 cution of the offender as provided in this act. 



SEC. 11. All suits for the recovery of the penalties prescribed in this act shall be 

 prosecuted in the name of the State of Nebraska in any court having jurisdiction, 

 and it shall be the duty of the prosecuting attorney of the county where such offense 

 has been committed to prosecute all persons violating the provisions of this act upon 

 proper complaint being made to them. 



SEC. 12. The pharmacist of every house dispensing and compounding medicines 

 registered under this act shall be exempt and free from jury duty in the courts of 

 this State. 



SEC. 13. That said sections 2, 4, 5, 6, and 8 of article 3, chapter 52, laws of 1887, as 

 now existing, be, and the same are hereby, repealed. 



SEC. 14. Whereas, there being an emergency, this act shall take effect and be in 

 full force from and after its passage. 



DECISIONS OF THE ATTORNEY- GENERAL ON THE NEBRASKA PHARMACY LAW. 



ATTORNEY-GENERAL'S OFFICE, 



Lincoln, May 22, 1889. 

 Mr. JAMES REED, 



Nebraska City, Nebr. : 



DEAR SIR: In answer to your letter of 20th, asking if a grocer violates the phar- 

 macy law by selling sulphur and copperas, I will say that the section of the law 

 provides if any person not being a registered pharmacist shall retail, compound, or 

 dispense drugs, poisons, or medicines he violates the law. If the articles above 

 mentioned are drugs, then a grocer can not legally sell them without being a regis- 

 tered pharmacist. I do not fully know the use that such articles can be put to, and 

 therefore can not see where the harm will be in allowing a grocer to sell them. If 

 they are drugs then the sale is prohibited. I think that it would be a good thing to 

 test the question. As a drug is defined, any commodity used for medicine, dyeing, 

 tanning, and various other purposes, and if the articles sold are used for these pur- 

 poses, then I am inclined to think there is a violation of the law. 



Yours, etc., 



WM. LEESE, 



Attorney- General. 

 Mr. HENRY D. BOYDEN, 



Grand Island, Nebr.: 



DEAR SIR : In answer to yours of the 19th inst. I will say that I do not think any 

 person is entitled to a druggist's permit to sell liquors or any other drugs or medi- 

 cines unless he is registered. A druggist's permit is only granted to druggists, and 

 it would be an evasion of the liquor law to allow a drug store to keep a barroom. 



If a druggist is not registered he can not legally sell drugs, and if he has drugs 

 that he can not sell and sells only liquor he is a saloon-keeper, and the keeping of 

 drugs is a sham. The liquors are to be sold only for certain purposes named, and 

 then must be by a druggist. 



Yours, etc., 



WM. LEESE, 



Attorney- General, 

 NEVADA. 



Has no pharmacy law. 



NEW HAMPSHIRE. 



CHAPTER 135. SALE OF DRUGS AND MEDICINES. 



SECTION 1. No person shall conduct or keep a shop of any kind in this State for 

 the purpose of retailing drugs, medicines, orsuch chemicals as are used in compound- 

 ing medicines, or engage in the business of compounding and putting up prescriptions 



