282 
MINUTES  OF  THE  COLLEGE. 
shall  hereafter  be  prepared,  uttered,  vended,  or  exposed  to  sale  under  the  au- 
thority of  any  letters  patent,  or  which  have  at  any  time  heretofore  been,  now 
are,  or  shall  hereafter  be,  by  any  public  notice  or  advertisement,  or  by  any 
written  or  printed  papers  or  handbills,  or  by  any  labels  or  words  written, 
printed  or  affixed  to,  or  delivered  with  any  such  packet,  box,  bottle,  or  phial, 
or  other  enclosure  aforesaid,  held  out  or  recommended  to  the  public  by  the 
makers,  venders,  or  proprietors  thereof,  as  nostrums,  or  proprietary  medicines, 
or  as  specific,  or  as  beneficial  to  the  prevention,  cure,  or  relief  of  any  dis- 
temper, malady,  ailment,  disorders  or  complaint  incident  to  or  in  anywise  af- 
fecting the  human  or  animal  body. 
It  will  be  observed  that  besides  the  great  superfluity  of  words  in  the 
schedule,  it  enumerates  some  articles  as  taxable  which  it  was  the  evident 
design  of  Section  101  to  exempt  from  any  tax.  Section  101  was  also  con- 
sidered objectionable  as  limiting  the  preparations  exempted  from  the  tax 
to  such  as  are  compounded  according  to  the  forms  prescribed  in  the  U.  S. 
Pharmacopoeia,  Wood  &  Bache's  Dispensatory,  or  any  homoeopathic  or 
other  professional  text  books  now  in  use  of  like  character,  thus  drawing  a 
distinction  to  the  disadvantage  of  the  numerous  new  remedies,  the  manu- 
facturers of  which,  from  their  recent  introduction,  or  from  the  neglect  of 
the  compilers  of  these  books  to  include  them  in  their  formulae,  would 
necessarily  either  pay  the  stamp  duty,  or  be  liable  to  the  charge  of  ille- 
gally avoiding  it. 
An  error  also  occurs  in  the  phraseology  of  Section  101,  which,  while 
the  obvious  intention  of  the  law  is  to  exempt  all  prescriptions  regularly 
issued  by  physicians,  excepts  only  such  as  "  shall  be  compounded  and 
sold  for  such  person  so  prescribing  said  medicines."  Of  course  this  mis- 
take needed  only  to  be  pointed  out  to  be  corrected. 
The  following  proposed  substitutions  were  submitted  to  the  Committee 
and  received  with  approval,  though  the  final  result  can  not  be  reached 
until  this  portion  of  the  bill  comes  before  the  Committee  of  the  Whole, 
and  will  then  be  only  determined  subject  to  the  ultimate  action  of  the 
House,  and  subsecpiently  of  the  Senate  and  Executive  : 
Substitute  in  Sec.  101,  the  following,  after  the  word  provided. 
That  nothing  herein  contained  shall  apply  to  any  uncompounded  medicinal 
drug  or  chemical,  nor  to  any  medicine  compounded  according  to  the  United 
States  or  other  National  Pharmacopoeia,  nor  of  which  the  full  and  proper  for- 
mula is  published  in  either  of  the  Dispensatories,  Formularies  or  Text  Books  in 
common  use  among  Physicians  and  Apothecaries,  including  Homoeopathic  and 
Eclectic,  or  in  any  Pharmaceutical  Journal  now  issued  by  any  Incorporated  Col- 
lege of  Pharmacy  ;  and  not  sold  or  offered  for  sale,  or  advertised  under  any 
other  name,  form  or  guise  than  that  under  which  they  may  be  severally  denomi- 
nated and  laid  down  in  said  Pharmacopoeias,  Dispensatories,  Text  Books  or 
Journals  as  aforesaid,  nor  to  medicines  sold  to  or  for  the  use  of  any  person 
which  may  be  mixed  and  compounded  specially  for  said  person,  according  to  the 
written  receipt  or  prescription  of  any  Physician  or  Surgeon,  (nor  to  perfumery 
and  cosmetics,  prepared  by  Apothecaries  and  sold  by  them  to  consumers  at  re- 
tail.) 
In  schedule  C,  we  propose  to  insert  the  following  after  the  title — 
Medicines  or  Preparations,  made,  prepared,  uttered,  vended,  or  exposed  for  sale 
by  any  person  or  persons  whatsoever,  wherein  the  person  making  or  preparing 
the  same  has,  or  claims  to  have,  any  private  formula,  or  occult  secret  or  art  for 
