Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-03-23

label placed upon a proprietary or pa
tent medicine by the manufacturer as
required by this act shall be d warranty
Of the accuracy of the statements con-
tanned therein and the absence of any
statement on such label shall consti-
tute Il warranty by the manufacture
that such medicine contains none Of the
drugs mentioned in this act. Any per-
son injured by reason of the failure OF
manufacturer to comply with the
provisions of this act shall have cause
of action against the manufacturer
and may recover both actual and eX-
empary damages
Mr.. Johnson said that over IS per
cent of the so called proprietary medi-
cines are manufactured within our
State and under the provisions of this
section the law could not reach them.
He said that the wholesalers and the
poor retailers of the State would be
the ones who would suffer. If a man
ufacturer refused or through ignorance
the per cent of alcohol or narcotic on
the label. then the dealer who sold
them would be liable under the pro-
visions Of section which reads:
Any person violating any Of the
provisions of this act shall be punished!
for each offense by fine of not less
than $50 nor more than $500 or by i'm
prisonment for not less than so days
nor more than $50 days in the dis
Cretion OF the court"
Mr.. Johnson spoke eloquently and
vigorously in opposition to the meas
ure rs a whole. and claimed that it
was an imposition on the poor retail
"rs including the hundreds of country
stores which are the only resource tn
many rural districts to give relief in
time Of sickness. He said that should
the bill become law in it's present
form it would compel these dealers to
go out of the business.
Mr.. Johnson further attacked the
measure on the ground that it struck at
the evil and good unfortunately and
was an especially urwise way of get
ting at the alleged evil. His remarks
were listened to with intense interest
by the members of tie House.
MI. Millkcn then concluded his ar
2umentS in favor Of the bill and moved
that the vote be taken by the yeas
and nays.
Mr.. Stevens then spoke again. He
said that this bill went before the COM
nittee on temperance in the Massa-
chuSetts Legislature and died in the
committee. He said that it had also
been killed in the New Hampshire leg
slature. He hoped the motion to
substitute the minority report for the
ma iority would not prevail.
Cobb OF Gardn Il favored the bill and
wished to have it go down on record.
The yeas and nays were called and
Mr.. Milliken's motion was defeated by
a vote Of 50 to A.
The majority report OF ought not
to pass" was then accepted.
When the resolve in favor Of the
Eastern Maine Insane Hospital at Ban
gor. CARRYING $4,000 Il year for 1905
and 1906 came back from the Senate
where the minority report OF the com
mttee on insane hospitals of fought
not to pass WAS accepted. The House
voted to insist on it's action whereby
the bill was given a passage and APP
nOiuted a committee of conference
The report of the special committee
on State printing and the bill ac-
conpanying it to abolish the Office of
public printer were taken from the
table by Mr.. Higgins and passed to be
engrOssed.
BY a yea and nay vote of 81 to
"a the House Indefinitely postponed Il
bill presented by Representative Nor
cross of Winthrop. 10 prevent the will
full destruction of the trailing arbutus,
better known as our common mayfiow-
or.