The Bridgeport evening farmer., 1913-08-04
PHARMACY BOARD. RESTS BURSTEIN| l
BeIIigerent Druggist Couldn't Move Until They Gave
 Their Consent
SuTrendeTS License Indefinitely and Hires Assistant to Do His
 Drug Work in New Store

macy commissioners refused to sane ton his removal to a new location, Abraham Burstein, the HaIlett street pharmacist whose connection with the Dowd heroin case led the commission CTS to indefinitely suspend' his 1i- cense as a druggist, has abandoned courts of last resort against the ruling of the commissioners.
 Burstein's lawyers, FaI1on & Green stein, Saturday notified Prosecuting Attorney A. L. Delaney and the Pharmacy commissioners, of his de- cision, to accept terms that had been agreed upon in conference between Delaney and Greenstein, that if he surrendered his license without fur ther opposition there would be no at tempt to carry out the threatened prosecution for his having continued to do business in 1HaI1ett street. The commissioners were preparing to seek the imposition of a penalty of s5 a day for Burstein's alleged violation of the. law in continuing the drug busi- ness following the suspension of his license, June IS. The technical ques- ton raised by Bursteins case there fore remains unsettled, from his point of view.
 Burstein will continue the drug business in Park avenue, but not un- der a drug license of his own. He will be obliged to employ a registered pharmacist, who will compound his prescriptions and handle such parts of the business as come within the surveillance of the pharmacy comnfs- sion.
 Burstein was arrested about two months ago, when one Dowd, addicted to the use of cocaine, disclosed to the authorities what he claimed to I-- II tectives searched Dowd thoroughly, then accompanied him to the drug store, waited a few moments for him to come out, and searching him again, found the drug he claimed to have purchased from Burstein.
 Judge Cough1in< of the city court would not convict Burstein on the evil dence, and he found the accused not guilty. The pharmacy commission, acting independently of the city court decided that the facts found by their investigation and hearing of Burstein, warranted the indefinite. suspension of the mans license. This course was taken, the commissioners being di- rected by Attorney General John H. Light
 Burstein received official notice of the acton of the board, and a. formal de- mand for his license, on June 13- He refused to surrender, and at the ad-
 
 do business. The pharmacy board threatened to seek imposition of the $5 penalty provided in the statute for conducting business without a drug license. but Burstein prepared to give the commissioners a fight in the courts.
 Burstein's position was this: His counsel claimed the the board of phar- macy commissioners had no right to issue an order indefinitely suspending his license, and therefore the order was void This claim was predicated on the assumption that an indefinite amounted to a revocation, and, it was claimed, the commission CTS had no right to revoke a license for the offence of which Burst stein was accused. and, except in case of a con viction.
 In view of the city court decision. there was no conviction. Bursteins lawyers were preparing to carry the case to the higher courts. they said But then Burstein decided upon change of location. He prepared to close his Hallett street store, and re- move to Park avenue. When he made these arrangemtns, he found that it was necessary to secure a certificate of registration for the drug store To- cation.
 The board of pharmacy commission CTS have considerable latitude in the
  possessed such a paper for his Hal lett street address but this was not His counsel made ap- pIication for the certificate and the pharmacy board refused it.
 Meanwhile negotiations had been pending between Prosecuting Attorney Delaney and Burstein's counsel De- I,aney had received formal complaint from the pharmacy board of Burstein's continuing to do business despite the order of suspension of his license.
 With the new turn of affairs arising from Burstein's plan to move, an ar was made whereby Bur stein is not to be prosecuted for the alleged violation of the law, and he is to get a certificate of registration for his new store, providing he hires a licensed druggist in his new store.
 Meanwhile he hopes that the "1in- definite suspension ban will soon be removed, and he will be re-instated in the good graces of the commission CTS.