The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-23
Butte Department.

or retail pharmacists In the state OF
their own account at the time of tn
passage OF the act. and who must with
In three months after its passage, ap
pear before the board and upon tn,
furnishing of satisfactory proof OF sucl
Iact, were entitled to be registered
Such class of persons were persons
engaged In the business of retail phar
macists or were practical pharmacist.
having money invested in Montana, oil
were employed as a pharmacist and
thereby giving their time and attention
70 this worthy profession. To them
the law declared that they should be-
come registered pharmacists IL they
applied within three months after the
| passage of said act to the state board
or pharmacy and furnished satisfac-
tory proofs OF the same. IL they fail
| ed, however, to make application with
in the time prescribed I'm section GAL
then they were compelled to submit to
an examination before they can become
| registered pharmacists under said law.
The provision to said law included
class of persons who were not then
engaged as a practical pharmacist and
included persons who had been en-
gagged in the business either as a pro-
prletor or employe, and who, in our
judgment, were not entitled to that
consideration under the law to which
a person would be entitled who had
been pharmacist or a person then
engaged in the retail business of a
pharmacist in the state of Montana.
The proviso is part OF a section, and
any limitation upon the enjoyment or
granting of right under the general
terms or that section to a class of per-
sons VINO, upon the performance of a
certain condition would be entitled to
be registered as pharmacist, would
certainly include all those persons re-
ferred to in the proviso, unless the
proviso distinctly specified a different
time than that set out in the declara-
tory part of the section. The Limitation
or the time set out In the second line
OF section 64l will certainly apply to
all persons who apply to become reg
istered pharmacists under said section.
To contend for any other construc-
ton of said section would be to impose
upon one class a burden and relieve the
class referred to i'm the proviso from
that particular burden. Each class is
required to furnish to the state board
OF pharmacy satisfactory proof of the
Facts required by said section before
granting certificate, and we submit
that that proof must be furnished
within given time, and upon the fall
ure to furnish such proof all applicants
under said section must submit to an
examination, which in no wise can be |
considered burden, but rather as an |
ample provision of the law to protect /
the public. which was the evident in /
tention Of the law upon its enactment, |
ana thereby prevent persons from re-
ceiving certificate as a registered |
pharmacist unless they possessed GER
tain educational qualifications before
they would be entitled to compound
and dispense physicians prescriptions.
Since the legislature did not intend
that persons who had four years prac-
teal experience in the compromising
and dispensing of physicians preserip-
lions, or who had been engaged in the
business either as proprietor or en-
ploye but were not engaged in the bust
ness at the time of the passage of the
act should be allowed at any time to
come before the board and upon appli-
cation to the board and proof of these
facts be granted a certificate and be-
come registered pharmacists, and at
the same time deny this privilege to
men who were practical pharmacists or
persons who had large amounts of
money invested in the business at that
lime and who were engaged in carry
ng on that business by limiting this
after class of persoAs 10 the enjoy
nent Of that right within three months
after the passage of the act. II the
legislature did so intend. then IL must
De conceded by all that the drones in
he hive of nature would be permitted
o come In and enjoy the privileges and
benefits of that act at any time they
10 elected, while the workers in the
live of nature were only allowed three
months time to come in and enjoy that
privilege or that particular right 1t I
estricts the energetic business man to
three months limitation, while the |
rone may at any time apply and OBJ
ain that particular privilege. AS the
legislature has failed to make any such
but has declared that II :
he class of persons referred to in sec I
ion GAL did not come forward and '
make application within three months.
hat they should thereafter be required !
o pass satisfactory examination as I
o their competency before the state
GARD of pharmacy. the time. In our d,
Judgment. applies to all persons emu {
lerated in section GAL.
Therefore we advise you that in Z
ase any person who seeks to bring :
imself within the purview of the pro- Z
iso of said section and now at this
me demanded n certificate, that such q
ertificate should be refused unless the =
GARD examine them as to their ability !
nd competency to perform the duties :
registered pharmacist in accord
nee with the provisions of article 1S
HAPPIER 5. title l, Part Third of the po-
teal code.
IF we are wrong I'm our conclusions. !,
ne courts viii set US right, and in
oubtful cases like this resort should :
e had to the courts which are open to !
Il such persons so claiming the rights l
nd privileges under said law. and the I
lilure to grant the certificates on the :
art of the board is no denial of the
ghts of the claimants hereunder, for
he reason that their demands can be
,eedily adjudicated in courts of JUS d
ce of the state of Montana. and jus {
ce there dispensed in accordance with u
lie rules and provisions of the law {
Dverning such cases"