New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-05
Senator Wagner and Assembly,
man Alfred E. Smith M.I Push
Amendment to Assure Con-
viction of Sellers.
DRUGGISTS GIVE SUPPORT
National Pharmaceutical Assn.
Sends Strong Endorsement OF
Tribune's Fight-Waldo Be-
gins to Show Feeble In
terest in Traffic.

The disclosures of the startling case
with which cocaine is being purchased
op the streets of Manhattan. as shown
nv The Tribunes investigation, will re-
suit in an amendment TO the penal law
governing the handling of the drus
o+ the coming session of the Legislat-
ure.
Senator Robert +. Wagner and AS
semblyman Alfred E. Smith, who are
slated for majority leaders in the TWO
houses will collaborate on an amend
ment which will go far toward eradi-
eating the evil. according to their an
nouncement yesterday.
Assemblyman Smith. who introduced
the bills now comprising the law on the
subject. said yesterday that he wouid
introduce an amendment TO the present
law by which the punishment for SELL
ing. cocaine would be increased from
the present maximum of one year 10
something like five years. and when
will also provide that when man ar
rested as seller attempts 10 dodge the
responsibility by pretending to be
merely addicted to the use of the drug
himself he shall he committed TO the
inebriates' farm.
This method Of evading the law is a
common one among cocaine sellers
who assert. no matter how much OF the
stuff is found on their persons. that II
is all for their own personal use. Inc
law providing that possession OF an
unreasonable amount OF cocaine is pre-
sumptive evidence Of an intent to sell
has not been practical in its workings
because the sellers are almost inNaria-
blv users of the drug and can and 90
swear that the cocaine found on them
Is for their own use and that they are
addicted TO its use.
To Corner the Sellers.
Mr.. Smith believes that an amend
ment providing for the commitment ol
the confessed cocaine user TO the ine-
briates farm will make il so much
easier for the police to get evidence
that II will reduce the evil TO the mini
mum.
"As a matter of fact. prison SEN
t.nce for cocaine user does hot prcak
his habit, and because of the under-
ground channels by which the drug is
circulated, even through our prisons ne
is likely to get as much in prison as IL
he we're outside" said Mr.. Smith A
commitment to an open air working IN
stitution. such as the inebriates' farm.
is being planned, with the attention
given more toward curing than punish
ing the prisoners. This may jreak
many OF these poor unfortunates of the
habit that has gripped them.
Furthermore, with a certain SEN
tence to such an institution staring
them in the face those arrested as SELL
ers will not be so eager TO admit tnat
they are confirmed users OF the drug.
They will be more likely to try fighting
the case of selling, and thus have their
cases decided on their merits rather
than evade the issue by pleading to
possession, as they usually do under the
present law"
Senator Wagner indorsed Assembly
man Smiths ideas, and said that he
would cooperate with him in getting
the bill through.
"These drug users should be treated
for disease rather than for crime" said
Senator Wagner. The question is al
Continued on sixth page, sixth column.