New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-03
URGES A FEDERAL LAW
AGAINST COCAINE EVIL
AssembIyman Smith and w. J.
SChieffeIin Point Out Loop
holes in Statutes.
PRAISE TRIBUNE EXPOSE
Legislator Would Have Users OF
Drug Committed to Inebriety
Farms as Penalty for
Having Poison.


prominent members Of the drug trade yes
terdav spoke in high terms Of The Trib-
une's expose Of the cocaine and opium
traffic in the TeDderloin. The net result
Of their comments was the suggestion OF
two vital reforms and the evidence that
the better element OF the city is behind
the movement 10 suppress the deaoly
traffic.
Assemblyman al" Smith. father OF the
cocaine laws now on the statute books OF
this state, suggested the first reform lie
has observed the weakness Of the law as
IL now stands. Under the amendment Oh
1910 the possession Of cocaine without the
prescription of a physician is proof pre-
sumptive the possessor intends to dispose
Of it illegally.
The effect of this provision. however
has been made practically void by the
courts. which have held that if the pos
SCISSOR IS willing TO swear he was az
dicted to the drug and obtained possession
of il for his own use, he cannot be SUP
jected to the penalty imposed by TINS
section, amounting to one-haf the pehalty
for the actual sale OF the drug.
"a short while ago. AssemDlyInan
Smith said last night, IT thought Oh
way by which we could get these feiio"s
coming and going, and that is by passing
legislation enabling the courts to commit
any one taking refuge from the seiilhs
clause of the law under the gulse Oh d
user TO the inebriety farm or similar
institution If the prisoner really Is
coke fend, it is only charity to get MN
ont under Gods blue sky and give MIN d
chance to shake off the deadly habit.
"Of course. it is impossible to punish
users of the drug. If a man wishes 10 De-
come a drug fiend there is no law on earl
10 prevent his becoming one, and even II
he has twelve bottles of cocaine IN ms
pocket we cannot put him in jail under
The present law if he chooses to plead lie
has them for his own use. The only es-
cane is 10 have him adjudged an lneprla'e
and give him a chance to reform. nave
had LEGISLATION leading in this direcuoh
urder consideration for some time"
Urqes a Federal Law.
The other needed reform was pointed
out by William Jay Schieffelin, chairman
Of the Citizens Union and president oil a
wholesale drug company. He explained
that even il the drug traffic was stamped
out in this city IT would be the easiest
thing in the world for users to get thelr
supplies from other states, since there
was no federal law making 1t a CRIME 10
use habit forming drugs in interstate
commerce. He added
81 am clad The Tribune has started
crusade against the cocaine evil ana 1
hone the result win be an aroused pubic
sentiment which will result in not only Del-
Tor enforcement Of the present laws but
.be enactment OF the bill introduced into
the National House of Representatives by
Mr.. Harrison, of New York, imposing a
tax upon and regulating the distribution II
cocaine, opium and morphine. Such d
law will enable the public authorities to
keen track of the importation and sales
of these habit forming drugs
In the case of cocaine more stringent
measures are needed. Almost all OF It's
legitimate use is in minor operations so
that a law permitting qualified surgeon
or dentist to apply It, but prohibiting
any one else from having it in his pos
session, would go a long way toward
effective restriction. 1t may be recalled
that O. similar law regarding the posses
sion of policy slips was effective in sup
pressing the policy evil"
with the loopholes indicated by these
suggested reforms. it was the general
opinion that the difficulty of gathering
evidence against sellers Of the drug at
the present time is great Much could
be done in this direction. however, it was
pointed out by several Of the men seen
yesterday when the proper authorities
felt so inclined, and not little had been
done in Brooklyn toward stamping out
the traffic within the last few months.
The method of procedure in that bor-
ough was explained by S. v. 3. Swami,
president Of the New York Consolidated
Drug Company. The books of ali the
3obbers in the greater city are open TO
the police, he said, and it was a simple
matter for them to determine what re-
tailers had bought more than their share
of the debasing drugs by an investiga-
ton Of the sales Of opium and cocaine
throughout the city.