The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-07
LYLE A. D|CKEY
And His Researches in
the Law Library.
Opinions cf Various Courts in Va
rious States and Territories on
the Sale Of Opium.

tiSer:-In an editorial this morning
advocating the sale Of captured opium
by the government, you favor the
licensed sale of opium, by which you
must mean the sale to those who wish
to smoke opium, and give the strange
impression that in the rest of the
United States the sale is unrestricted,
las honest and legitimate as the sale
of Bread las legitimate an article of
commerce as grain and iron" and that
the attitude of the last legislature to-
ward the opium business, refusing to
license it and attempting to suppress
it is opposed to American policy.
Your comparison should have been
to strychnine and arsenic, rather than
bread, grain and iron. Our law libra
ry has but few statute laws of the
various states but short examination
shows that in California every drug
gist selling opium must keep a record
of the name and address of the buyer
and the lawful purpose for which it is
bought Gas it must not be sold to be
smoked) that In Washington, Oregon,
Nevada, Wisconsin, Missouri, Maine
druggists upon physicians prescrip-
tions. In New York it is specially
provided that no prescription can be
filled twice by a druggist without fresh
authority from the physician.
These States all have laws against
not only selling but giving away"
opium to be smoked, and most of them
make mere attendance at an opium
smoking place misdemeanor. The
territory of Washington made it un-
lawful to smoke opium anywhere, and
Oregon makes lit unlawful for anyone
but a licensed physician or druggist to
have possession" of opium for any
purpose except medicinal purposes
when a record shall be kept by the sell
Ter of the disease and the name and
address of the patient. ALI these laws
have been held constitutional.
A United States Federal judge said
in 1886: "a law limiting the sale or
disposition o. bread and meat to drug
gists and practicing physicians, unless
prescribed by physician in the course
of his practice, would, considering the
universally of the need and use of
these articles in the community be re-
garded as prohibitory in it's character
But opiunn>is medicinal drug, and has
never been used and has no claim to
rank as a necessary of life. It's use
has been mainly in medicine, as an
anOdyne; and it is claSSed by science
among the active poisons. The use of
statute) restrained so as to destroy it's
value as a medicine or remedial agent, |
the only use of which is generally con-
sidered and accepted as proper one |
in this country" Elk parte Yung Jon |
% Federal Rep. 81.
The Washington court after consid- |
ering statute making mere smoking |
Or inhaling of opium unlawful, said:
Smoking opium is a recognized evil
IN this country. 1t is a matter of gen
araI information that g is an insidi-
ous and dangerous vice, a loathsome,
disgusting and degrading habit that is
dangerously common with
he youth Of this country, and that its
usual concomitants are imbecility,
and crime. 1t has been re-
5arded as a proper subject of legisla-
ion" (Ah Lin VS.. Territory of Wash
ngton, Wash. 1861.
And in 1896 the Supreme Court of
Oregon in upholding the law making
possession of opium in itself unlawful,
said: Opium is an active poison,
and has no legitimate use except for
medicinal purposes; but it is fire.
Iuently used to produce a kind of in
.oXication by smoking or eating, a
oathsome, disgusting, and degrading
practice, which results not only in pau
,erism and crime, but also in the seri-
)us impairment of the mental and
physical condition. of those who in
lulge in it. The use of opium for any
purpose other than as permitted in
his act has no place in the common
experience or habits of this country,
tut is admitted by all to be an insidi-
,us and demoralizing vice, injurious
like to the health, morals and welfare
# the public; and therefore it's posses
ion, unless in the manner provided
~ the legislature for the purpose
stated, cannot be presumed to be OF
my value to it's owner except on the
hypothesis that he intends to make a
Sa of If iniuriorS fO himself and the
General public, and hence it is within
he legitimate exercise of the police
ower of the state to regulate its sale
nd confine its possession to certain
esignated persons, as a means of pub
ic safety" Elk parte Mon Luck 20
ire. 425, 42S.
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