476 
Reviews. 
Am.  Jour.  Pharm. 
Sept.,  1890.  . 
strictness  would  not  imply  an  aptioii  on  the  part  of  the  person  who  was  the 
subject  of  the  action." 
Then,  quoting  Section  3,  the  Judge  continued  :  "The  power  to  register  is 
given  to  the  board,  and  it  is  certainly  grammatically  incorrect  to  say  that  it  is 
the  duty  of  the  persons  who  apply  '  to  be  registered. '  But  such  use  of  language 
shows  that  the  person  who  drafted  the  act  was  not  accustomed  to  accuracy  of 
logical  or  grammatical  expression,  and  therefore,  that  it  would  not  be  safe  to 
attempt  to  construe  the  act  by  the  aid  of  grammatical  rules.  When  it  is  said 
that  it  '  shall  be  the  duty '  of  certain  persons  '  to  apply  to  said  board  and  be 
registered,'  the  meaning  is  that  it  shall  be  their  duty  to  apply,  and,  on  applica- 
tion, their  right  to  be  registered  ;  and  so  we  think  that  when  it  is  said  in  sec. 
11,  that  the  persons  therein  designated  '  may  be  registered  under  this  act  with- 
out examination  and  be  granted  a  certificate,'  the  meaning  is  that,  upon  appli- 
cation, they  shall  have  the  right  to  be  registered  without  examination.  Apart 
from  the  language  of  the  act,  it  would  seem  reasonable  that  a  1 graduate  of  an 
accredited  medical  college,  who  has  had  not  less  than  three  years'  continuous 
practice  since  the  date  of  his  diploma,  and  who  is  registered  as  a  practitioner 
of  medicine  and  surgery,  ought  to  be  entitled  to  be  registered  without  exami- 
nation. Sec.  6  and  the  last  clause  of  sec.  10  of  the  Act  expressly  reserve  the 
right  to  physicians  to  compound  their  own  medicines,  drugs  and  poisons  ;  but 
a  person  who  is  presumed  to  be  qualified  to  prescribe  as  well  as  compound 
drugs  and  poisons  to  his  patients,  it  would  seein  ought  to  be  considered  to  be 
qualified  to  compound  the  same  when  prescribed  by  others.  For  these  reasons 
and  others  which  might  be  given,  we  think  the  conviction  is  wrong,  and  that 
the  judgment  must  be  arrested  and  a  new  trial  granted,  and  it  is  therefore  so 
ordered." 
We  do  not  intend  to  minutely  analyze  the  statements  and  deductions  of  this 
judicial  opinion,  but  mainly  direct  attention  to  some  parts  which  we  have 
italicized.  The  first  sentence  quoted  acknowledges  the  right  of  the  Pharmacy 
Board  to  refuse  registration  to  such  applicants.  But  in  the  Judge's  opinion, 
section  11  means  directly  the  opposite,  because  another  section  (3)  is  not 
rendered  as  grammatically  unobjectionable,  as  might  have  been  done.  The 
preamble  of  the  law  states  that  its  obj  ect  is  to  secure  the  proper  qualification 
of  those  keeping  a  retail  drug  store  ;  the  assumption  by  the  Judge  of  proper 
qualification  in  the  case  under  consideration  is  entirely  extra-judicial,  and  is 
not  based  either  upon  facts  presented,  nor  upon  testimony  heard,  nor  upon  his 
Honor's  knowledge  of  medicine  or  of  the  drug  business. 
REVIEWS  AND  BIBLIOGRAPHICAL  NOTICES. 
Mittheilungen  aus  dem  pharmaceutischen  Institute  und  Laboratorium  fur 
angewandte  Chemie  der  Universitat  Erlangen.  Von  A.  Hilger.  Miinchen, 
1890.    M.  Rieger.    Ill  Heft.    8vo.    pp.  184. 
Contributions  from  the  Pharmaceutical  Institute  and  Laboratory  for  Applied 
Chemistry  of  the  University  Erlangen. 
This  pamphlet  contains  the  following  essays,  based  upon  researches  carried 
on  in  the  Institute  named  :  Chemical  and  Microscopical  Examination  of  Coffee 
and  its  Substitutes,  by  C.  Kornauth  ;  Estimation  of  Tartar,  Tartaric  Acid  and 
