Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-19
WHISKY SOLD AS MEDICINE.
ASSISTANT ATTORNEY GENERALS
LETTER As TO DRUGGISTS.
Ehey Should Do Reouires to Fay
HACK Taxes, Says tho Lctter--som'
Fort worth DruREists interviewed.
Lenient Consideration Due Them

Fort Worth druggists are interested
In the recent letter received by County
Attorney Ben NJ. Terrell from Assistant
Attorney General Frank Andrews rela-
awe to the sale OF liquors by druggists
in Texas. The letter was received by
Mr.. Terrell in reply to one which no
had written to tho attorney-general,
and Is as follows;
Austin. Tex. Dec. IS. 1894
Hon. Ben NJ. Terrell, ESD, County At
tofney, Bort Worth, Texas;
Dear sir-In reply to your favor OF
November 2sd you aro advised that
under section of the act regulating
the sale OF liquors. passed by the TWEEN
ty-third legislature. druggists selling
slquors upon prescription arc subject
90 the payment OF tho occupation tax
therein referred to and subject TO pros
ocutlon for failure to pay the same.
2. We agree with you in the sugges-
tion that probably tho best way TO
proceed In tho matter would be TO call
sho attention OF those druggists who
are selling the liquor purely upon pre-
scrlptlon to tho law, and tequest pay
ment Of back taxes and In the event
of failure to pay the matter should be
taken before the grand jury for action.
8. Your second question Is ons OF
much difficulty and no definite conclus-
Ion has been reached by this depart
ment on account OF difference Of opin-
ion entertained by the individuals In
ahe Office. The opinion Of the writer Is
that the liquor cannot be sold In a
local option district on prescription
without payment OF the occupation tax.
However, other members Of the office
entertain a different opinion. While
several cases have been dlnerontly dis
posed OF In the lower courts, no case
has been paaacd upon by the court Of
criminal appeals, The question is OF
such doubtful construction that only
that authority can definitely settle It.
Very respectfully
FRANK ANDREWS.
Ofllcc Assistant Attorney-General.
Several druggists IN the city were
neon by a Gazette reporter and asked
what they thought OF tho letter.
George u. Chase, president OF the
Fort Worth Pharmacy company, read
the letter ana said that II was the
tirst that he had heard OF the law. 81
DO not think" said Mr. Chase, that
the drugsiatn nro at all aware of the
existence OF Gudh n law and / think
that the state should exercise lenlency
In ita action towards tho reputable
drugglata who have tranGgrcBscd II, ie
any havo in ignorance OF It's existence
done 20. The state Of Texas cannot nf-
ford 10 be less lust to the citizens than
tho United States government 10, Here
IS a case In point. Some time ago a
United States official called az my
place of business aud asked me n I
kept playing cards for sale. told him
had few decks ana he then informed
mo that there was tax Of cents per
pack on playing cards ond Tint n L
desired TO sell them that would be
REQUIRED TO obtain the necessary
stamps, which ] Immediately did. ,rhla
was an net OF consideration on the part
or the United states government TO-
wards citizen, as 1 was given a
timely notification OF tho existence OF
g law OF which I was not aware. ana
theraby enabled TO obey IT, ! do not
believe that The state OF Texas desired
60 force reputable druggists to convert
their establishments into dram ehops.
phc reputable druggist has no Intention
70 sell liquors except az a medicine and !
" u the intent that should be consid |
scred by the state. I believe thoro viii
pr a WIG ana proper solution Of tho
George II. Dashwood. "rher, are
really very few druggiBts who sell
whisky" said Mr. Daphwood ~ read !
TIE letter IN the paper and Il was tbo
nrst know OF It, am certain that ON
any flo OF prescriptions for a long time
pepk there Is not one which inoludca
olg Nhla,'y. When a patient needs
WHISKY the physician generally tollR
him TO 80 to some dealer and rct n
quart Of GOOD material or course. ve
keep alcohol, rs Il ~ necessary In snadt
oine1 OF various kinda, ana wo hnye
calls for II to hurn.n '''
frank M. Howe; 'I claim that a
nrugsist has right to sell whisky for
~, maj purposes" said Mr.. Howe.
ZION which has been signed nv a rer,,.
Nabie physioian and whisky IA ordered
that whisky ut once heeomes n dr,,n
anu " sold by the druggist ns auch,
~ az q drug lust an much as lnudnnnn,
- "i'y.t'lh. el.e- WIZ tha COZ .slt., -
,,.n',i, VI 7nuAo bottles on those ahelves
' mvul1 n'a!No You drunk II snincient
y,unnnty waa taken, and vet thpv ara
lawfully sold az medicines Thrre nre
oSraslons when patient Is In n ,onIt
Noh OF great peril aud the phvafISn
sehns a prescription 90 the drtiptyiat =,
ne tllled Immediately, Il is n o,,ae ~
IA anu death and the prescription
,.'e',a whisky. Must the druggist
'srnea TO I'LL II and lot mo ~ a..
simply becauHe 1t calls FOR vbisi,,. p'a
vne Or tne ingredionia7 Don,t von
N .,l u no did no that pationfa rsin
xiVea would have grounds FOR an ,,,,tye,
aFhnst MAT drugFlst? or canrs, ,,.sii
wvniu. IN all states that / know, u,
~ nV.nhS or whisky by druHgista ~
fSsuiated by special laws" 80
On Mniu sfre,s