The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-03-19
II GALLON A MONTH"
APPLIES To ALL ALIKE
wholesale and Retail Drug Stores and
Hospitals May Bring in Only
T...at Amount.
Columbia Record.

Columbia Record.
That hospitals, public CT charitable,
retail drug stores, medical or phar-
maceuical colleges can not order more
than a gallon of alcohol a month for
either scientific or medical uses is tie
opinion of tie attorney generals Of
fee contained in letter addressed to
a Charleston drug manufacturing con
Germ by Fred. H. Dominick, assistant
attorney general. the opinion, how
ever, states that it probably was not
the intention Of the legislature to pro-
hibit such institutions and businesses
from obtaining &Ico.ol. and that e
courts, if the act is tested, most prob
ably would take into consideration the
intent O. the law-making boly.
The opinion is of Importance, for it
might hamper the physicians OF the
State in the exercise of t cir duty. 1t
follows:
81 am in receipt of yours Of the 18th
instant, in which you say, WITH
reference to the recent law enacted.
"a gallon month will you p'ease
let US have your decision, as wholesale
and manufacturing druggists, are we
entitled under this law to receive
throug common carriers alcohol in
unlimited quantities, and lave we the
! right to sell alcohol to retail drug
gists, hospitals, or pharmaceutical col
leges, in quantities not exceeding four
and three-quarter gallons?
"In reply thereto l will say that in
my opinion it was the intention OF the
legislature in Il e passage Of the gal
Ion a month act that the sale or
transportation of alcohol should re-
main as now allowed by law. How
ever, the wording Of the act is con-
fusing.
Section s, OF the act, provides:
Nothing herein contained snail pre-
vent the sale or transportation of al
coi OF under and in accordance with
tie statutes of this State as contained
in criminal code OF 1912, Sections 799
800, SO2 to S12, inclusive
Section 799 of the code permits
retail druggists to lawfully sell alco-
hol in quantities not greater than five
gallons to be used in the arts or for
scientific or chemical purposes. Like
quantities to chemists and bacteriolo-
gists engaged. in scientific work and
for such purposes only, and in quanti-
ties not greater than one-half gallon
vine used for sacramental or relig-
ious purposes only.
Section 800 OF t e code refers TO
the contents Of tie statement TO be
made by the purchaser under section
799.
! Section S02 requires the statements
or prescriptions to be filed in the Of
tee of the c.erk of court, properly
recorded, etc.
Section S03 requires retail drug
gists to keep a record o. the sales, etc.
Sections SO4 to SO, inclusiie, reg
ulate the manufacture and sale of
wood, denatured, ethyl and methyl al
cohol
Sections 81 and 812 provide for
the punisi ment for violations of GER
tain sections of tie dispensary law.
"The authority of wholesale drug
gists to sell alcohol to retail druggists
and to public or charitable hospitals,
or to medical or pharmaceutical col
leges was derived from section 795, Of
the criminal code of 1912. BY refer
ence to the gallon month act, it will
be seen Il at this section was not ex-
pressly exempted from the operation
of that law, even though it might have
been the intention to be exempted.
I'm my opinion the act as it reads
and appears on it's face does not allow
any sales or shipment of alcohol ex-
cept as provided in section 799, above
referred to. AS before indicated it may
have been the intention of the general
assembly to make no changes in the
law in reference to the sale and trans
portation of alcohol for certain pur-
poses, and the courts in constituting this
act may hold that such being the case
and tie intention of the legislature
that no change has really been made in
the law, Notwithstanding the fact that
the terms and phraseology of the act
do change the law in t',e DarticularS