Devils Lake inter-ocean. (Devils Lake, N.D.) 1909-1915, 1911-03-17
GOV BURKE. !. ].
!. | [|..(|)||E|:.D|||:||l | Bill
RELATIVE TO: SALE & OF INToxI,
eating LOU or BY! REGIS u
SIS. #= TERED PHARMACISTS. j I: Il

~ =
State: 5..,* G75 f5I.,. =, n S$2 @,
! file herewith, senate bill No. 3O6,.
. bill Tor an act amending section; 1858
. and 1884 of the Revised Codes Of 1909,
regulating the sale Of intoxicating IT,
quors by druggists who are registered
pharmacists and to provide the meth
cd of such sale In case Of emergency.
Without my approval for the follow
ing reasons: ~ ..ss s.ass. 4 ! 35 S, I, 4,
Il Section 1858 Of the Revised Codes
of Of i 1905 by section 5 Of the chapter 1873
Of the session laws of 1909. provides
that any physician who Is lawfully and
regularly engaged in the practice: Of,
his profession as q business, may, in
case of emergency, prescribe intoxicat,
ing liquors by written or printed pre-
scripttons, which prescription may be
filled by a pharmacist holding a drug
: gdsts' permit OF by a doctor issuing the
prescription who: holds a permit. That
Is, under said section; 1858 prescrip-
tons can only be filed BY pharmacists
holding druggists permits, or BY the
who issues the prescription and who
has a permit under the; law to sell in
toxicating liquors or a physician may.
administer without charge. /. SSy 9
# Senate bill 3O6 proposed to amend
the law further by Ii permitting any
register pharmacist to fill a prescrip-s
tion. As far as the pharmacist. is con-
cerned there are no restrictions what.
ever The law simply requires the
sale to be made by d registered phar-
macist and being a registered pharma-
cist he has full, license to I'LL all the
prescriptions that may be presented to
him. I
Prohibit ion laws have always rec
!. .ognized Intoxicating liquors as a med
icine, but the sale is surrounded with
restrictions SO as to prevent the abuse
. Of the law. Under the present law
for granting permits ito sell intoxicat-
ing liquors; the applicant must be a
person of good moral character and
registered pharmacist under the state
laws, lawfully and III good faith engag.
/ ed personally and individually in the
business of a druggist in his district:
He must be a man who, in the judg-
ment of the judge Of the district, court,
can be tntrusted with the responsibili-
ty Of selling liquor for medicinal, sci
$entitic, sacramenta1, orr mechanical
purposes. He must have in ;hisabusi-
. ness, exclusive of Intoxicating liquors
and fixtures, a stock Of drugs and drug.
gists sundries, If in a city of the value
of at least $4,000, and IL elsewhere Of
the value Of at least 81 800. He must
file an appli cation or a petition with
4 the clerk Of the district court setting
forth all Of the foregoing, and upon
the day set for the hearing Of his peti.
aion he must prove all Of the a1lega.
4 tions of: /: his petitions before . he is
granted his permit. 5s$sz5
Gives Too Much Sway. III a II.
4 Under senate bill No. :306 the phar-
macist who fills the prescription need
i not be a man of good moral c1arac.
ter He need not be engaged person
\ ally IN the business Of a druggist IN
this district. He may use tntoxicat.
ing liquors as a beverage. He need
not have q stock off drugs. Ali that
4 the law requires Of him is that he Is
!5##a registered pha armacis This amend.
ment would entitle every pharmacist
TO keep q supply Of liquor to fiji pre-.
script ptions without Is permit, and would
destroy the effect of the law making
\ the finding of liquors prima facie eYi.
dence in prose ecutio ions:
ResponsiblIlty % Physlela elans. ..8ss
Again, the law does not restrict the
druggist to HE filling Of prescrip ptions
4 issued BY doctors who are residents
sEof the state and subj ect to the law Of
\ Tho state. says specifically that
=s'any physician who lawfully and
4 regularly engaged ii II Ii practice Of
} his profession as a business and who
I'm case of emergency and actuaul need
shall deem any into oxicating liquors
necessary for the health off his patient
may give such patient q written or
& printed prescrint ion therefore. which
prescript Ion may be filled 8by any reg,
istered arniaeist and while the
druggist may all the same without
permit me physician may not. The
! entire resp ponsi ibility thrown upon
the sphysic ician. ne Is the only person
that cansbe punished for violation 8oi
this section anu he nay Nc outside the
state and not subject to the 55arisdic