Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-28
THE ..pAa,s GREEN LAW.
Letter IRON Governor Powers on the Subject
Mot Considered Prohibitiyc.

The law relating to the selling of Pari:
green. hellebore and other poisons uset
! in the determination Of destructive bug
| by farmers. has been the subject of mucf
discussion and in many ways, IT. seems
much misinterpretation.
A certain part Of it provides that coun-
| try dealers-that is. dealers in towns
| where no druggists are loeated--pay a
nominal license fee of 81. which gives
them the right to sell all kinds Of poisons,
both those used in medicine and for agri-
cultural purposes. The strict interpreta-
ton of this law thus infers that those
who have not complied with it. are not
eligible to dispense this line of poisons.
This, ii seems was the condition of sell
ing before the 81 law was passed, which
Is the one about which there Is so much
discussion. and that the payment of the
81 fee gives these dealers the right to sell
all poisons. when before it was not law
full for one to do unless registered
druggist a physician.
This 81 law further prevents any other
dealers than druggists handling posons
in communities where there are drug
sition has been felt anywhere, Mr.. Frank
r. Partridge the chairman Of the com
missioners of pharmacy, says-certainiy
not in Augusta. he is informed, where
dealers others than druggists have given
up the sale of the exterminators without
"A murmur.
II is the province Of the commissioners
to bring a complaint for action against
any Illegal sellers TO the county attorney.
when. in their turn. any such complaints
have been made TO theme Mr.. Partridge
says that no complaints have been made.
The following letter from Governor
Powers viii be read with interest, in re-
ply to one written by Hon +. w. Wood
bury of Bethel, for his Interpretation Of
the law:
MY dear Mr. Woodbury.: | have exam
jlled ciapter 324 OF the Public Laws of
1885, ard | am confident that il was not
the intention of the Legislature to pre-
vent merchants from selling paris green
to farmers for the purpose Of destroying
potato bugs. | admit that the statute IS
broad enough to cover this. but ii Is the
rule to give effect to the intent, II posi-
bile.
Certainly. when | signed this act, had
no idea that II had the scope which some
now claim for 1t. II was at the close OF
the session that II was srouSht to me to
examine. and my examination of II was
necessarily rapid, as | had so many bills
TO examine that day. |
| doubt If there was a member Of the |
Legislature. especially d farmer. who be
II we'd in passing This act hat he was pro- |
hibiting the average trader from FURNISH |
ing paris green to kill potato bugs The |
very title of the act shows that its object |
Is 10 prevent incompetent persons con
Quoting the business of an apothecary.
This selling Of paris green has never been
The business OF apothecaries IN this sec
lion
the construction which would prohibit the
selling OF paris green by TRADERS for the
purpose of killing potato bugs would
make the statute subject TO great doubts
as TO its constutionslity.
| regret that the construction now con-
tended for escaped my notice in the rush
OF business. | dent think that good pol
icy requires that il he enforced IS against
merchants VINO sell paris green to farm
ers for agricultural purposes. | am conti-
don't that the people, If IL has this con-
struc;ion put upon it, ss1ll demand that II
be changed. | recognize the hardship
that win follow an attempt to enforce
the penalties against merchants VINO
have paris green on hand, and also the
hardship that Will result to farmers If
they cannot purchase 1t from them.
think the construction contended for
makes it class legislation in reference TO
this commodity, and certainly unwlse Leg
islation.
OF course | cannot advise the breaking
Of any law: neither am prepared to say Il
that my construction, of it is right. yet | Il
will say that so fasassssI know / am con-
iident the merchants of Aroostook county L
will not consider that the selling Of paris
green 10 farmers fer agricultural pur- II
poses brings them within the penalties Of Y
this act Nor will the county attorney. in II
my Judgment. think he is called upon to II
prosecute them under it if they do so.
Sincerely yours, II
I 4 Il wv POW Frs