The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-12
HOSPITAL not
A DRUG STORE
EXPERIENCE IN FORMER DOES
NOT HELP APPLICANTS.
John Nj. Princen Fails in his Attempt
to Compel the State Board Of Phar-
macy to Examine Him-Judge
Ponds Decision of Keen Interest to
Druggists.

Judge C. M. Pond to-day filed an
order vacating the writ Of alternative
mandamus secured by John M. Prin-
cell to compel the state board Of phar-
macy to give him the state board ex-
animation.
The relator contended that the
board should be compelled to give him
the examination as he had served his
necessary four years apprenticeship to
the drug business, partly as clerk
and partly in charge of the drug de-
partment of the ST. Paul city hospl-
law in this case is of widespread in
terest to druggists and if IMMERSED
will mark an epoch in the strictness
with which candidates qualifications
are scanned. In concluding his
memorandum the judge says:
First-That section 1 Of chapter 104,
being imperative and unqualified IN its
terms the words person used therein
should, in all fairness Of construction, un-
der sections 255, 21S7, 1854 and 6s42 afore-
said be construed to mean municipal
corporation as we'll as private person,
and that as the drug department in the
st. Paul city hospital was never under
the charge or control Of a registered phar-
macist, but was managed and controlled
entirely by the relator himself it should
be held that his services therein were i'll
direct violation of section 1, and hence
that the time he was so employed therein
should not be computed as a part of the
time he was required, under section 2 Of
chapter "a aforesaid, to have practical
experience in drug stores,' in order to
entitle him to take the examination pro-
vided for under said section.
Second-That the relator has not, under
the proof, shown himself. to have had
practical experience in compromising
drugs" whether in a drug store or in
~~t,N, .oP hnc fol
the period of four years Immediately pre-
ceding his application to the respondents
for examination under section 2 Of chap
ter a. While the. evidence shows that
he began working in a drug store at Tay-
! lors Falls some time in the year 1899,
as janitor and clerk about the store,
the record is silent as to just when dur
ing his period Of employment there he
began compromising drugs and thereby
began to have practical experience along
that line. The burden was upon him to
show that he had actually had four years.
| practical experience in compromising
| drugs"
| Third-To constitute practical expert
| ence in drug stores,'' within the meaning
| of section 2 aforesaid, the applicant must
| have been engaged during that time to a
greater or less extent in the actual SER
| vice of compromising drugs on prescrip-
lions written by medical practitioners for
| their patients, whether in or out OF hos
pitfalls and while engaged in general prac-
| tice. Moreover, practical experience under
| this section must be held to mean actual
experience in compromising drugs and of
| the particular kind of experience acquired
| in drug store such as is defined and was
| intended under said section. -a
F'ourth-The words drug stores" as
used in section 2 aforesaid, must be held
to mean drug stores which are stocked fol
| the
medical profession generally, and where
the prescriptions Of medical practitioners
have been usually compounded for theil
patients, regardless of class and which are
in the active charge and control Of g
registered pharmacist. The words "drus
stores, must be held to have been useC
in their ordinary and popular sense, ant
hence, that the drug department. Of the
st. Paul city hospital was not a drug
store within the meaning Of this section.