New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-26
DARLINGTON GETS HOT.
ARTICLE STIRS HIN UP.
Says Druggists Breaking Cocaine
Lac Vii Be Punished.

Commissioner Darlington OF the Health Depart
ment was greatly incensed yesterday when he was
told OF an article published in issue OF THE
American Druggist and Pharmaceutical Record"
denouncing the methods used by the Health De
partment in arresting reputable pharmacists for
violating the cocaine ordinance. The Commissioner
said that despite the complaints the department
would continue making arrests until the law was
thoroughly observed
The article says that although the Health De-
partment determined to make a thorough crusade
against the sale of cocaine and all preparations
containing cocaine without physicians prescrip-
ton, 1t is carrying the prosecutions of druggists
who have unwitttngly sold the drug to an ex-
IRENE which IS annoying the pharmacists or greater
New York more than any previous interference
OF the Health Department with their business"
Continuing It says:
And since the passage OF the ordinance the
Health Commissioner and his staff Of inspectors
have caused the arrest of more than twenty drug
gists or this city. besides sUmmoning TO the crtmi-
nal court several officers In retail drug corporations
on the charge of selling cocaine illegally With
but one or two exceptions all of these druggists
nave been held for the grand jury and trial by
Special Sessions, though temporarily released on
peen found guilty and fined Sl5 Several or those
summoned to answer the charge against their cor
poratlons' however. pleaded guilty before Special
Sessions, which suspended sentence.
The apparent injustice of such action has
aroused many of the local pharmaceutical organi-
cations and a result the counsel for such
cietes are preparing I fight the departments
prosecutions Of their members by instttuttng test
cases. In some instances the Department OF Health
arrests under the cocaine ordinance adopted by IT,
and numerous reputable pharmacists have been
prosecuted for the sale OF the article. which they
nave no reason 10 believe contained a suriclent
amount Of the prohibited drug to bring them with
in the meaning of the city ordinance.
That the unreasoning manner in which the de-
partment has caused reputable pharmacists be
subjected to the indgnity of pleading before Spe-
ciaI Sessions has done much to persuade the drug
gists and other citizens of this city that II would
be unwse to trust the enforcement Of other drug
laws exclusively this body
The Department OF Health the article contin-
ues. rs always seeking self gorication and wishes
constantly 10 parade its achievements in the lime
light OF publicity. II never dreamed of passing
cocaine ordinance until II assured that similar
measures were likely TO be passed by the State
Legislature. Then it lost time in climbing into
the band wagon and snatchins the reins from the
Board of Pharmacy
For more than two years" said the Commits
sioner. the department has been carrying
many things TO correct This investigation leads
out to many lines. and. among other things. the
promiscuous sale Of certain drugs which may be
detrimental to life and health.
Under the charter We are compelled to investi-
gate such conditions II is not only necessary for
Vi TO carry out the law in New York City. but
expected assist In the state Our powers
general
For long time we had under consideration the
passage OF a law relative 70 cocaine and several
other drugs. do not doubt that In the future we
will make many more additions 10 the Sanitary
Code along the same line. There are few things
than the indscrtmnate sale of cocaine. The
department had hoped that the publicity given 10
tho law by the various newspapers in the city and
the prominence given in certain newspapers 10
tho evil effects Of the cocaine habit would make
the druggists careful without our taking action.
The fact. however that they did not do so forced
the department 10 push the law IN this regard It
is said that the Department OF Health is always
seeking self gorifcation. II that were true, lonS
ago we could had the front pages of every news
paper IN the city of New York, had We cared 70
gtvo publicity TO Investigations. II II is de-
sired on the part OF the druggist IN this city 10
go into the whole drug question. that the public
may know the whole subject, will welcome any
suit the druggist desires 70 bring. Should the
matter come before the Legislature. I would only
be too happy TO lay everything before the legis-
/ lators. I do not doubt for one moment as 10 the
attitude Of either the public or the Legislature.
The Department OF Health intends 10 enforce the
law vigorously. and the sooner the druggists IN
derstand il the better