^ptemberfigS""]  American  Pharmaceutical  Association.  445 
It  is  too  early  to  report  the  measure  of  success  which  will  attend 
the  enterprise,  but  there  seems  to  be  no  question,  at  the  present 
time,  from  the  orders  which  have  been  already  received,  that  the 
Board  of  Trustees  of  the  U.  S.  Pharmacopoeia  Convention  will  be 
able  to  pay  all  expenses,  thus  carrying  out  the  original  intention.  It 
is  not  usual  for  Pharmacopoeias  to  be  published  in  a  foreign  lan- 
guage, but  the  peculiar  circumstances  arising  from  the  Spanish  war 
furnished  the  raison  d'etre  for  this  somewhat  unusual  publication. 
The  Use  and  Abuse  of  the  Guaranty  Clause  of  the  Food 
and  Drugs  Act. 
By  George  M.  Beringer. 
A  critical  examination  of  the  guaranty  clause  in  which  the  author 
says : 
A  strict  construction  of  the  wording  of  Section  9,  I  believe,  would 
require  for  the  protection  of  the  dealer  a  guaranty  "  signed  by  the 
wholesaler,  jobber,  or  manufacturer  ''  with  each  sale.  Again,  it 
must  be  direct  as  well  as  personal  as  the  Act  specifies  that  "  said 
guaranty,  to  afford  protection,  should  contain  the  name  and  address 
of  the  party  or  parties  making  the  sale  of  such  articles  to  such 
dealer"  This  language  of  the  law  recognizes  no  intermediary  in 
the  sale.  Under  the  primeval  conditions  of  barter  and  sale  such  a 
system  of  direct  and  personal  guarantys  might  have  been  possible, 
but  under  modern  conditions  of  trade  and  commerce  it  is  impracti- 
cable. The  wording  of  Section  9  of  the  Act  is  certainly  open  to 
criticism. 
Furthermore  he  calls  attention  to  the  fact  that :  The  Act  pro- 
vides that  the  guaranty  must  be  made  by  a  "  party  residing  in  the 
United  States/'  so  that  no  protection,  in  this  sense,  is  afforded  or 
can  be  expected  from  foreign  manufacturers  or  producers  or 
dealers.  It  is  to  be  noted  that  the  various  State  Acts  have  copied 
into  them  bodily  the  idea  of  a  direct  and  personal  guaranty  and 
incorporated  the  idea  of  residence  of  the  guarantor.  The  food  and 
drugs  laws  of  Arkansas,  Colorado,  Florida,  Georgia,  Massachusetts. 
North  Carolina,  and  the  State  of  Washington  all  have  limited  the 
protection  of  a  guaranty  to  "  a  guaranty  signed  by  wholesaler, 
jobber,  or  manufacturer  residing  in  the  State  "  and  quite  a  number 
of  the  State  laws  have  even  gone  to  the  limit  of  requiring  that  the 
guaranty  on  the  label  "  must  specify  their  State  Act/' 
