Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-11-06
SALE OF MALT EXTRACTS
Question Whether They May Be Dispensed
Without Physicians Prescription.
The Matter Considered by Commits
siOners, the Health Office and
Police Department..

Mr.. Robert NJ. Harper, president of the
District Pharmac eutical Association sew
eral weeks ago wrote the Commissioners
for information to the right of druggists
to sell malt extracts containing alcohol.
The Commissioners referred the commune
cation to their attorney. who, as was stated
in The Star at the time. advised them that
Congress Is silent upon the subject. but
suggested that the courts would probably
decide each case brought before it accord
ing to the evidence submitted. Subsequent
ly Mr.. Harper wrote the Commissioners
that, if Congress is silent upon the subject
and If the preparations are proprietary
medicines and have no standard strength
it appears to him that either a standard of
strength should be established or the retail
druggists be permitted to sell them with
out fear of A Police Court trial.
"All malt extracts" wrote Mr.. Harper,
are made after one general process. They
however, differ in the amount of alcohol
and extractive nutritiOus) matter and It
Is due to variation in alcoholic strength
that | appealed to you for instructions or
information, as We do not relish the charge
OF selling Intoxicating liquors without
license From this condition of affairs l
hope that no further arrests among the re-
tail druggists will be made In this connec-
ton until some definite instructions have
been given them to the sale of malt ex-
tracts
Referred to Health Office.
The Commissioners referred Mr., Harper's
communication to the health officer, who
reported that the only connection which
the health department has had, or is likely
to have, in prosecutions for the sale of in
toxicating liquors without licenses is to
analyze samples of preparations submitted
by the police department. The health Of
hcer, therefore, suggested that the matter
be referred to the police department. which
takes the initiative in such measures. The
question was thereupon referred by the
Commissioners to Maj. Sylvester, the chief
or police, who, in turn, referred 1t to Mr..
James L. Pugh, jr., the prosecuting officer
of the District in the Police Court.
Mr.. Push's Report.
Mr.. Pugh reported as follows:
THE Police Court, through Judge Scott,
has rendered opinion in test case for
the sale of pure alcohol, holding that 1t
does not come within the terms of the
present law governing the sale of intoxi-
eating liquors in this District. A recent
test case was filed against Il druggist for
the sale OF malt extract, and the court
instructed the jury that all liquors made
by fermentation come with the express PRO-
visions of the liquor law, and after con-
Eiction the case was taken to the Court of
Appeals on writ of error. The latter court
has not yet acted. 1t follows from the de-
cision of the Police Court that druggists
in order to sell malt extracts, wines
liquors, etc, must do SO on the prescrip-
ton Of reputable physician, and, of
course, as this law must be nforced, the
police should see that druggists as well as
others, comply strictly with its provisions"
In forwarding Mr.. Pugh's report to the
Commissioners Maj. Sylvester said it seems
to him, from the action of the Police
Court and Mr.. Pugh's report that in or
der to comply with the law as to the sale
OF liquors, wines, and extracts containing
alcohol, druggists can only sell on a ply
siclans certificate; otherwise, they are
amenahle. and the police should see to its
enforcement
Commissioner Wight has approved Maj
Sylvester's conclusion, but his associates
have not yet acted in the matter.