Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-08-14
He Holds That All Blanks, Whether
Used or Not, Must Be
Returned
Monthly to the County Auditor and
a New Supply Purchased by
Each Druggist.
The Hutchinson-Grifd Nuptials-
Painted Woods Pencilings-
s@@a Menoken Mites.
The Attorney Generals Opinion.

SAeUOA AAVy "OAVA0A oYA4AOAs
The construction of section 4, of the
prohibition law was one Of the subjects
that perplexed the members at the recent
meeting of the North Dakota pharmacists
and Mr.. Frank Frlsby, of Bismarck, was
authorized as chairman of the commit
tee to obtain an opinion from the attor-
ney general. The following commune
cations will explain themselves:
WHEREAS, The law known as the pro-
hibition law in regard to druggist per-
mits, is ambiguous and needs interpreted
ton in that it provides for obtaining
printed blank afidavits from the county
auditor and the payment for same, with
out directing how they shall be returned,
and
WHEREAS, Some of the district attor-
neys of certain counties in this state in
terpret the law, that it is necessary that
each series of blank affidavit obtained
from the auditor, shall be returned on or
before the first day of each and every
month regardless as to the number filed
out by the pharmacist, which works a
loss to him every month, and
WHEREAS, We believe that the law
was not intended to work this hardship
and loss to the pharmacist profession,
now therefore be it
Resolved, l. That the president of this
pharmaceutical association appoint a COM
mittee Of three to interrogate the attor-
ney general of the state Of North Dakota
as to his opinion on this subject.
q. That if his opinion should be that a
series of blank afidavits shall be re-
turned on or before the first day of the
month; regardless of the number filled
out, then the said committee will at the
next meeting of the legislature of the
state of North Dakota, use all honorable
mea to obtain such legislation as will
protect the pharmacist from being conf
PEELED to comply with the law in obtain
ing blank affidavits with a loss to HIM
self without a benefit to any n
Very respectfully submitted,
PHARMACIST.
BISMARCK, Aug. II, 1891.
Frank Frisby Esq, Chairman of Phar-
maceutical committee.
DEAR SIR: Your association by reso-
luton desires my opinion and construc-
ton of section 4, chapter ITO, laws 80,
relating to pharmacists.
Under said section all druggists must
procure blank afidavits from the county
auditor of his county and pay therefor
the actual cost of same and in addition
thereto, 25 cents to the auditor for each
series of 100 blanks furnished. The
afidavits are to be in series Of 100 each,
bound in book form, and returned to the
county judge on or before the first day
of each month, in the original book
form, and to be by him kept for two
years.
The law is mandatory in this regard
and it is immaterial whether only one or
all the blanks have been filled or used,
all used or not used, must be returned as
stated. The way to avoid unnecessary ex-
pense in a measure, is to get the blanks
only as you need them, you can form a
pretty correct idea of about the number
of afidavits you will need during the
month and if you do not get the re-
4uisite number you can get more, and by
this means you will not miss it far. This
is the only way I can see out Of the
difficulty under the law as it now
stands.
For each series of afidavits fled with
county judge you pay $3.50 for each 100
or one and one-half cents for each afh-
davit, be there many or few.
I believe I have answered your ques-
lions fully. Yours truly,
@. A.. M. SPENCER,
Attorney General.