The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-08-19
Dawson Says Kansas Merchants
Can Sell Poisons.
Do Not Need a Pharmacist,
Either, He Says.
ONLY MEDICINES UNDER Ban
Ends Long Fight With State
Pharmacy Board.
Walter WeIIhOuse Made Fight
for Local Retailers.

Kansas merchants may continue to
sell bluing, starch. poison ny paper,
| matches, gasoline, I've and other COM
mon household necessities without
the fear that some representative of
the state board of pharmacy will de-
prive them of their liberties. Attor-
ney General John S. Dawson, in an
opinion to the Kansas merchants. de-
clares that the corner grocer need not
tear down his sign nor destroy his fly
paper nor burn his matches merely be-
cause he keeps barrel of prunes and
few dozen bananas in the same
building.
The Dawson letter was written to
Walter Wellhouse. secretary of the
state board of horticulture. Some
time ago Mr.. Wellhouse became IN
terested in the operations of the new
law, when he received complaints
from nurserymen, seed men, hardware
merchants and others who sell pos
onous orchard spray. This spray con-
sistS of a mixture of Paris green, ar
senic, London purple, blue vitriol, ar
senate of lead and a few other ingredi-
ents that discourage the bugs IN tnelr
habitation of the orchards Merchants
told Mr.. Wellhouse that they received
warning letters from the state board of
pharmacy, in which it was stated that
they must stop selling these pug
poisons," or employ high priced reg
istered pharmacist to preside at the
bug counter. It was the same crusade
that the board made against the gem
eral merchants who sold fly PAPER
bIuing and other articles. so w eli
house consulted the attorney generafs
now permitted to display and sell their
wares whether the state poaro OF
pharmacy likes it or not
Applies to Medicine Only.
Dawson's ruling is greeted as a eis-
tinct victory for the Kansas merchants
by P. A. Loveland in the Mercnan'
Journal The Dawson ruling reads;
Dawson's Ruling
considering the title to this act, and
the various provisions of the act itself,
/ am of the opinion that the purpose OF
this act is to regulate the practice OF
pharmacy as it has been ordinarily UNI
derstood, and not to prevent the sale
of merchandise that is not used as med
icines, and therefore that such insec-
ticides and fungicideS as have been or
tiparily used in large quantities for the
purpose of spraying fruit trees and are
not ordinarily used as medicines may
still be sold by merchants who are not
registered pharmacists.
Yours very truly,
JOHN s. DAWSON,
Attorney General"
While the question of the merchants
der consideration, Mr.. Wellhouse wrote |
to w. M Sheriff., of Ellsworth. secre- |
tary of the state board of pharmacy |
In reply to the Wellhouse letter, Sher- |
riff said:
Il beg to say there is no recent ruling |
or law that prohibits the handling of
and spraying materials. /
This is fully covered in the old law. and /
expressly prohibits the sale of any |
pcisons except by registered phar- |
macists. without regard to what shape
they are in. or for what purpose. We
have recently sent out good many
notices calling attention to the restrtc-
ton of the law, which seem to have
been lost sight of in recent years"
Mr. Wellhouse at once laid the matter
before Attorney General Dawson in a let
ter which is in part as follows:
The WeIlhouse Letter.
s'It is q years since the law referred to
was enacted, and for more than quarter
state have been buying their Insecticides
and fungicides from the merchants, and
1ealers in spraying machinery. 1tseems inc
state board of pharmacy is endeavoring
to compel them to purchase from drug
gists only. This win increase the cost
and make distribution more difficult. 1t
viii be TO the detriment of both user and I
1t is necessary to encour-
age fruit growers in the use of spraying
supplies by making them as easily and
readily obtained as possible
THE writer has been familiar with the
handling of these substances in spraying
for more than 30 years and the injury or
person or animal from their use has not
come under his observation.
WAITER wEILHousE"
Now the language of the Dawson de-
.ision is being sent to the Kansas mer-
chants, who viii De ADVISED mat tney may
5undry articles without fear and treIn-
bling or the probability of heavy fine In
4 court of justice