202 
Editorials. 
(♦Am.  Jour.  Pharm. 
t       April,  1890. 
they  may  sell  in  the  manner  indicated  in  the  Act,  and  when  charged  with  sel- 
ling liquor  unlawfully,  can  only  defend  by  showing  that  the  sale  was  upon  a  phy- 
sician's prescription.  .  .  The  first  count  of  the  indictment  distinctly  charged 
him  with  the  sale  of  liquor  generally  without  a  license.  He  was  convicted  upon 
this  count,  and  we  cannot  assume,  in  the  absence  of  the  testimony,  that  he  was 
convicted  without  evidence.  In  view  of  the  manner  in  which  the  case  is  pre- 
sented there  is  but  one  thing  we  can  possibly  do,  and  that  is  to  affirm  the 
judgment." 
The  Committee  on  Legislation  and  Trade  Interests  of  the  Pennsylvania  Phar- 
maceutical Association  has  issued  a  circular  notice  of  the  above  case,  containing 
the  following  statements  and  advice  : 
Please  remember  that  under  the  provisions  of  the  section  quoted  }-ou  cannot 
sell 
First — Any  intoxicating  liquors  (and  this  includes  Malt  Whiskies,1  and  other 
intoxicants  dexterously  concealed  under  fancy  and  misleading 
names)  except  upon  the  written  prescription  of  a  regularly  registered 
physician. 
Second — Any  Spirituous,  Vinous,  Malt  or  Brewed  liquors  to  any  person  more 
than  once  on  any  one  prescription. 
Remember  also  that  }<our  Internal  Revenue  License,  for  which  you  pay 
twenty-five  dollars  ($25)  annually  does  not  in  the  least  exempt  you  from  the 
provisions  of  this  state  law,  but  has  to  be  taken  out  for  the  privilege  of  selling 
alcohol. 
In  passing,  we  beg  to  urge  upon  vou  the  importance  of  writing  NOW,  before 
this  circular  is  laid  aside,  to  your  Member  of  Congress  and  urge  him  to  use  his 
influence  to  have  this  unjust  tax  upon  druggists  repealed  at  this  session,  when 
the  subject  is  so  prominently  before  that  body. 
It  is  due  Mr.  Prickett  to  add  that  from  what  we  can  learn  of  him  he  is  a  very 
reputable  druggist,  not  a  dram-seller,  and  doubtless  brought  this  visitation  of 
the  law  upon  himself  because  he  did  not  understand  it,  but  this  did  not  excuse 
him  and  will  not  excuse  an}'  druggist  if  brought  in  Court  on  similar  charges. 
Your  Committee  therefore  desires  to  thoroughly  acquaint  you  with  the  pro- 
visions of  the  law  and  bring  to  your  notice  the  interpretation  of  its  provisions  by 
the  Supreme  Court  of  the  State,  believing  that  the  information  will  be  of  interest 
and  benefit  to  our  members. 
Criticising  Physicians'  Prescriptions. — A  case  of  general  interest  to  physi- 
cians and  pharmacists  came  before  the  Court  of  Common  Pleas,  of  Philadel- 
phia, during  the  past  month.  It  appears  that  a  physician  had  written  a  pre- 
cription  calling  for  Potass,  bromide,  2  drachms  ;  Tinct.  of  Aconite  root,  12 
drops;  Spin  of  Nitrous  ether,  2  drachms;  Morphine  Sulphate,  ingrains; 
Peppermint  water,  )/2  oz.,  and  syrup  sufficient  for  3  oz.  Dose,  2  teaspoonfuls 
every  2  hours  in  water.  The  clerk  receiving  the  prescription  is  stated  to  have 
refused  to  dispense  it,  remarking  to  the  messenger  that  it  would  kill  her,  and 
afterward  explaining  in  a  note  written  by  him  that  the  ingredients  were  likely 
to  produce  an  insoluble  hydrobromate.  The  physician  brought  suit  by  capias 
against  the  proprietor  of  the  store  to  recover  $ 20,000  damages  for  the  loss  of 
his  reputation  as  a  careful  physician.  When  the  case  came  up,  Judge  Thayer, 
in  deciding  it,  said  that  the  plaintiff's  affidavit,  upon  which  the  suit  was  based, 
did  not  allege  that  the  druggist  acted  in  bad  faith  in  refusing  to  compound  the 
1  We  are  informed  that  one  of  the  sales  made  by  Prickett  upon  which  he  was  convicted  was 
a  bottle  of  Duffy's  Malt  Whisky. 
