272  Pharmaceutical  Lccrislatioji.  fAm  jour  Phann. 
'  (        Juiu",  1911. 
but  in  \^  hich  he  is  not  actually  engaged.  Presuming  this  condition 
is  reported  to  the  State  Board,  they  will  at  once  send  their  Agent 
to  make  a  purchase  of  some  drug  or  to  have  a  prescription  com- 
pounded and  to  secure  a  conviction.  The  purchase  must  be  made 
at  a  time  when  the  Registered  Manager  is  elsewhere.  Should  he 
happen  to  be  in  this  store  at  the  time  or  should  the  Agent  not  be 
able  to  prove  his  absence  the  prosecution  would  fail  as  it  must  be 
established  beyond  a  reasonable  doubt  that  there  was  no  Registered 
Manager  present  at  the  time  of  such  sale. 
The  requirement  that  every  drug  store  shall  be  in  charge  of 
a  Registered  Manager  has  been  very  efifectivly  enforced  by  the 
Board  throughout  the  State  so  that  at  present  there  are  few  instances 
of  violation  in  the  larger  cities.  In  other  parts  of  the  State,  how- 
ever, where  the  field  is  less  attractive  to  the  competent  and  qualified 
clerk  or  where  detection  and  prosecution  is  difficult  because  of  lack 
of  information  or  inaccessibility,  there  are  still  frequently  reported 
cases  of  attempted  evasion  of  the  law  which  makes  necessary  occa- 
sional crusades  of  prosecution  in  order  to  awaken  the  dormant  con- 
science to  a  sense  of  duty  and  responsibility. 
Just  at  this  point  a  word  that  may  be  seasonable.  Many  an 
appeal  for  a  competent  clerk  com.es  to  the  members  of  the  Board 
and  by  reason  of  its  familiarity  with  conditions  generally  the  Board 
is  in  a  sense  an  employment  agency  operated  for  the  good  of  the 
individuals  concerned  and  the  State  as  well. 
Another  phase  in  the  matter  which  may  occur  to  you,  i.e.,  the 
case  of  a  person  who  has  no  certificate  or  technical  knowledge  of  the 
business  owning  a  store.  There  is  nothing  to  prevent  this  and 
in  fact  it  has  been  decided  where  the  question  was  raised  in  the 
case  of  Commonwealth  vs.  Zacharias  reported  in  Volume  i8i  of  the 
Pennsylvania  State  Reports,  page  126,  in  1897,  "  that  the  Act  of 
Assembly  seeks  to  regulate  only  the  management  of  a  retail  drug 
store  and  does  not  prohibit  a  passive  ownership,  so  in  this  case 
although  the  defendant  was  not  a  pharmacist  and  operated  a  chain 
of  stores,  the  fact  that  each  store  was  in  charge  of  a  Registered 
Manager  prevented  conviction  and  no  prosecution  could  be  sustained 
against  him  from  the  mere  fact  of  ownership. 
The  restriction  of  the  business  to  such  as  are  qualified  is  doubly 
effective,  protecting  both  the  public  and  the  profession.  In  the  latter 
case  excluding  those  who  have  not  earned  protection  through  study 
and  experience.  The  Act  reads  "  No  person  shall  hereafter  engage  as 
