274 
Pharinaceutical  Lcgislatio}i. 
Am.  Jour.  Phartu. 
June,  1911. 
the  pharmacist  often  suggested  the  remedy  and  himself  prescrihe.l 
the  cure.  I  cannot  see  any  particular  public  good  to  be  obtained 
by  the  elimination  of  this  clause. 
Respecting  the  other  exemption  in  favor  of  preparatory  remedies 
or  so-called  patent  medicines.  While  no  reason  exists  for  confining 
their  sale  to  registered  pharmacists  there  was  ample  need  for 
regulation  of  another  kind  and  it  has  at  last  been  effected  through 
the  regulation  respecting  adulteration. 
Now  tO'  treat  of  this  important  phase  of  legislation  affecting  the 
druggist  or  pharmacist,  i.e.,  adulteration.  Along  this  line  within 
recent  years  there  has  been  great  development  and  it  has  followed 
generally  the  trend  of  an  enactment  striking  at  unscrupulous  com- 
mercialism and  constantly  unmasking  the  wolves  in  sheep's  clothing. 
An  era  of  more  honest  dealing  in  drugs  as  well  as  other  com- 
modities has  been  inaugurated  and  the  punishment  of  adulteraters 
and  misbranders  is  having  a  wholesome  effect  whereby  a  manu- 
facturer, seller  and  consumer  have  all  been  benefited. 
The  first  important  act  regulating  the  business  of  the  dealer  in 
drugs  was  that  of  May  24,  1887.  Section  9  of  this  Act  provided 
that  No  person  shall  knowingly,  wilfully  or  fraudulently  falsify 
or  adulterate  or  cause  to  be  falsified  or  adulterated  any  drug  or 
medicinal  substance  or  any  preparation  authorized  or  recognized  by 
the  Pharmacopoeia  of  the  United  States  or  used  or  intended  to  be 
used  in  medicinal  practice  nor  mix  or  cause  to  be  mixed  with  any 
such  drug  or  medicinal  substance  any  foreign  or  inert  substance 
whatsoever  for  the  purpose  of  destroying  or  weakening  its  medicinal 
power  and  effect  and  wilfully,  knowingly  or  fraudulently  sell  or 
cause  the  same  to  he  sold  for  medicinal  purposes."  And  this  was  the 
whole  law  on  the  subject  of  adulteration  at  that  date  and  as  such 
was  inadequate  in  view  of  the  fact  that  a  person  so  adulterating 
must  be  proved  to  have  done  so  with  a  wilful  and  deliberate  intent 
so  that  the  enactment  was  intended  to  strike  at  the  abuse  through 
correction  administered  to  the  pharmacist  for  his  wrongful  action, 
but  this  was  insufficient  to  protect  the  public  for  which  reason  the 
later  act  of  May  25,  1897,  passed  in  which  the  question  of 
intent  was  eliminated  and  thereby  the  regulation  made  solely  to 
protect  the  public  and  a  fixed  standard  is  established  whereby  the 
term  drug  is  made  to  include  any  medicinal  substance  or  prepara- 
tion authorized  or  known  to  the  Pharmacopoeia  of  the  United  States, 
or  the  National  Formulary  or  the  American  Homoeopathic  Pharma- 
