East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-10-23
ATTORNEY GENERAL
IHTERPRETS LIQUOR
SOON TO Be IN USE
VARIOUS CONFLICTING POINTS
DISCUSSED IN ANSWER To
QUESTIONS.

vii become operative. District Attor- +
neys throughout the state are receiv- +
ing constant inquiries from citizens
and organizations as TO different pro- I
visions Of the new law. Most Of these /
have been referred 10 Attorney Gen I
eral Brown. who today completed his /.
replies 20 the queries. These have
been combined into a single opinion .
where in the question asked is given /.
first and the attorney generals ans
wer below.
The series u questions and ans
wers. which cover practically every
phase Of the prohibition Law. follows:
4. In the case Of the owner and
proprietor Of a drug store who is not
a druggist but employs a registered
pharmacist TO sell drugs. and dis
pense and compound prescriptions Of
medical practitioners. who must ex-
ecute and file the $3.50 bond provid-
ed for in section Of chapter 141.
General Laws Of oregon Of 1915. be
fore alcohol can be lawfully sold at
the drug store
Pharmacist Must Give Bond.
To this question my answer is that
the bond must be executed and filed
BY a registered pharmacist Section
5, Of the prohibition act, provides
that il shall be unlawful for any per-
son 10 manufacture. sell or barter in
toxicating liquor within the state. ex-
oept as provided for in said act. Sec
ton Of said act provides that reg
istered pharmacists may sell ethyl
alcohol for medicinal. pharmaceutical,
scientific and mechanical purposes.
and for external use and application,
only upon complying with the provis-
ions Of the act. and that before said
pharmacist may sell ethyl alcohol he
must file with the county clerk in the
county In which he resides a bond
running 10 the state Of Oregon in the
sum Of $3.50 The next paragraph Of
said section provides that the clerk
shall then ISSUE To- the pharmacist
two books Of 50 afFiiavits each upon
the payment az 81 for approving and
filling said bond and the sum Of 50
cents for each book of affidavits.
TO my mind it is manifest that the
bond must he given by the registered
pharmacist. where the proprietor Of
i the store Is not authorized by the laws
. Of Oregon 10 practice pharmacy.
Case Would Involve Two.
Second-If the proprietor in the
f LAB
Z scriplion filled prescribing alcohol in
the case Of the prescription having
been written by q physician. who is
al the time Of writing the prescrip-
ton man Of Incorporate habits or
addicted TO the use Of narcotic drugs
which Of the two is guilty Of violating
{ the law2
To this question our answer is
F that under the law of this state both
would be guilty of an offense. The
+ proprietor who directed the sale and
the pharmacist who filled the pre-
+ scription and made the sale are equal
+ ly guilty.
"see section 1870. Lords Oregon
+ Laws, which reads as follows:
"All persons concerned in the
+ commission Of a crime. whether il be
+ felony OF misdemeanor. and wheth-
er they directly commit the act con-
stituting the crime or aid and abet
in its commission. though not pres
ent. are principals and 20 be tried
and punished as such
said section has recently been in
terpreted by our supreme court in
f the case Of the state vs.. Goer, Il ore
gon sol and in many prior cases.
PharHaicist sells Al Peril.
80 II the sale is made upon an
f affidavit TO a person Of interperate
habits by a pharmacist who did not
know that the person 10 whom the
sale was made was a person of in
/ temperate habits. would ignorance Of
such habits be a defense?
TO this question our answer Is in
( the negative The pharmacist sells
alcohol al his peril. and II he sells
without knowledge Of the person :
habits he takes his chances. IgnOr-
ance of such habits Is not a lawful
defense. but il is a matter that the
court can properly consider in miu
cation of the penalty 70 IN inflicted
The Oregon supreme court has held
IN many cases that in purely statB-
tory crimes. unless there is incOrpor-
ated into the legislation definition Of
the O.fense. the element Of knORl-
edge On the part Of the defendant i
not defense.
Liquor Cannot BE sold.
- From and after January J.
1915. can z registered pharmacist fill
prescription for intoxicating liquor
other than alcOholg
TO this question our answer is
no. The law plainly provides that
the only intoxicating liquor that can
. be- sold By q registered pharmacist is
ethyl alcohol for medicinal. pharma-
ceuticsI mechanical and scientific
purposes.
-. L. q prescription stating that
the alcohol s. required for medicinal
Use sufficient without an other spec
lncsu0ns ~ directions for the use of
the aicOhOiE
This question We answer ID the
negative. The ias provides that such
prescription written Dy the physician
must show on ifs face the purp0se
for which such alcohol is prescribed.
"slx-Can a physician administer
Intoxicating liquor 10 patient when
the same f. actually necessary as
mericine 10 the treatment " disease :
liquor May ~ Administered
TO this cur answer is yes The
law provides that 3 physician IN good
standing ln he profession and fol-
lowing the practlce ~ medicine a.
erfrcfuai calling. mag administer ~