324 apothecaries' company v. greenough. 
they sell ; and as it is impossible to define accurately the 
boundary between the performance of this duty, and giving 
advice in simple cases, the discretionary power which they 
have always possessed is proper and even necessary. 
The Editor of the Medical Gazette observes, in reference 
to this subject, " It is plain from the present course of events, 
that the chemists will not be restrained within those limits of 
their business which do not involve an infringement of the 
Apothecaries' Act : they cannot be so restrained, nor, if they 
could, do we think it altogether prudent that they should, if 
they will only consent to submit to some fair test in proof of 
their fitness to be legalized for higher functions." 
We are anxious to discourage the extensive practice of 
medicine by druggists ; but we contend, and have always 
contended, that severe legal restrictions would be attended 
with injustice, and would also be injurious to the public. 
Moreover, we repeat that such restrictions could not be en- 
forced. The law against " counter practice" in France, is 
particularly strict ; yet we know that it is constantly evaded, 
and is therefore inoperative. While we endeavor to inculcate 
a sense of honor and prudence among our brethren, which 
shall prevent their exceeding the proper limits, we shall con- 
tinue unflinchingly to advocate the continuance of all their 
existing privileges. 
The question comes to this — Should it be lawful for any 
member of the community to swallow a dose of medicine 
without medical advice ? If this be allowed, from whom are 
the public to obtain information as to the doses and properties 
of the medicine Undoubtedly, from the druggist of whom 
they procure it. 
But, according to the definition of the term "practicing 
medicine," this term is held to mean " recommending or ad- 
ministering a remedy for any ailment or disorder of the body 
or mind, or any part thereof;" and if this act is to be visited 
with a penalty, the druggist would be liable to fine and im- 
prisonment every hour of the day, for giving that inform- 
ation to his customers, without which it would, in many 
