The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-14
OPIUM MUST
PAY A LICENSE
License Collector T. F. Bon
net Secures an Impor-
tant Victory.
Supervisors Repeal the Smith
Ordinance Passed Early
This Year.
The City Treasury Will Be Enriched
Five Thousand Dollars An
nually.

License Collector Bonnet won an i'm
portant victory before the Board OF Super
visors yesterday when he secured the
repeal of Order 3099, relating to the sale Of
opium and all preparations of that drug.
Under the law as iC now stands. this
city will collect revenue amounting TO
about $4,000 per annum, where previously
there was question as to the legality OF
collecting anything at all from opium
dealers.
Previous to July g. 1897, the following
ordinance was in force:
Sec ion 1. 1t shall be unlawful for any per-
son or persons TO SELL barter or exchange any
smoking opium in the city and county OF S IN
Francisco, except Tor scientific purposes or for
medicinal purposes OH the prescription OF
practical physician, without first procuring
liceus 0 therefor in accordance with this order.
Such licenses shall be known and designated
as "opium-d .alers' licenses" and any viola
ton of this order snail be misdemeanor,
and any person violating any of the pro-
visions hereof shG l be deemed guilty of mis-
demeanor and be punished by fine not ex-
ceeding 1000 or Imprisonment not exceeding
six monIns in the County Jail, or by both such
fine and imprisonment
persons Engaged il Selling Opium to Be Ii
censet.
Sec. 2. Any person or firm engaged in the
business OF selling, bartering exchanging
any smoking opium, whether on ommisslon
or otherwise, or as n owner. or as broker
for owner, or consignee, shall pay a license
herefor in the amounts as follows, that is to
Say;
RE- rst Class
Those doing a business in the aggregate
amount of $4,000 and over constitute The first
class, and must pay $3.50 per quarter
Tsecond Glass
Those doing a business to the amount of
$4,000 and over constitute the second class,
aud mus pay license of 500 per quarter.
Third Class
Those doing business to the amount OF not
exceeding $4,000 per quarter constitute the
third clas~, ana must pay $40 per quarter.
At that time Supervisor Smith secured
the passage of an ordinance that ignored
the previous measure and made the sale
Of opium, unless by physicians p-escrip-
ton, misiemeanor. Under the Smith
or dinance no license could be collected,
and a premium was put on the illicit
Traffic in opium.
When Collector Bonnet went into office
he decided to enforce the ordinance OF
1881 and notified the opium-dealers Of
tins city that they must paw the license
required by law. This action was taken
on the advice OF the City and County
Attorney, who gave his opinion that the
law OF 1897 was invalid as 1t coutiicted
with the ordinance of 1881.
The Smith ordinance, repealed by the
board yesterday, IS as follows:
Section 1.-The sale and Use of opium, and
any preparation thereof, in the City and
County of San Francisco is reby prohibited;
provided, that when q prescription duly Is
sued in this city and county by q regular
licensed physician shall indicate that the use
of opium. or any preparation ther5tf i nee
essary for medicinal purposes, any regularly
licensed druggists or pharmacists shall lorth-
with cause description of such Pre- paration
10 be inscribed in book. open at all times 10
public spuction showing the quantity sold
the name and address of the pc rson to whom
and tor whom sold, and the name ana address
OF the physician prescribing the same; pro-
vided, that wholesale and re;ail druggists
may purchase opium and any preparation
thereof for the purpose above provided; and.
provided, that within ten days after The adop-
lion passage of this order all persons hav-
ing opium or any preparation thereof in their
possession for sa.e or use hall file verified
statement of all such opium or Preparations
thereof will the clt rk # the Board of Super
and preparatio. S thereof contained in such
statements may be sold 10 druggists, and
! such p-rsons and dealers shall enter In
reg ster kept by them fIr that pur-
pc e, in the English language. the date,
amount Of every such sale made by them, and
the name and place OF business the pu--
chaser, and any persons who shall furnish the
| nfor ion necessary to secure a conviction
| for III, violation of any of the provisions OF
this order shall be titled TO receive one half
Of the fine collected, and the officer collecting
the sama shall pay it over to the person giving
such information on demand, and the remain
ing one-half of the fine COLI cted BIZ such
officer hall by him be paid into the city and
county treasury.
SEC. Q. Any person violating any Of the pre-
visions OF this order shall be deemed : u1IIy OF
Il misdemeanor, and upon conviction thereof
shall be punished by Imprisonment for "a
period OF six months or by fine of five hun