Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1916-12-06
csnuns.a from rs.. On.

Csntlnued from Psre One
1915. approximately $4,000 violations of
this act we're reported. which included those
Of technical nature and also violations
OF the regulations issued under authority
OF the law. and = large number Of the viola
tions were by persons regstcred In accord
ance with the provisions Of the law All of
the cases involving only technical or un.
intentional violation Of the law and regu-
lations were dropped without criminal &C.
tion upon satisfactory evidence that there
was no Intent 20 cvade the proylsons Of
the act and those cases Of more serious
nature where the evidence did not clearly
show unintentlonnl violation but the cir-
cumstances Justified some lenency were
settled by compromise. prosecutions bclng
inatltuted and pressed only In cases of Will
ful and Migrant violation.
at tho close Of the fiscal year 1916 therc
were pending 3s7 cases against regif'cred
and 20i cases against unregistered persons
In which no action had been taken up 10
that time The Supreme Court on June i2,
1916, handed down decision in the case ot
United States W. jim Fuzzy M1y. arising
under section Of the act In which u was
held that the charge Of unlawful pooHcBsion
OF any Of the prescribed drugs denounced IN
said section did not apply to persons not
registered under gection I. but only 10
those classes specified In said section.
DECISION USFORTUNATE
This decision unfortunately. makes more
dIflcult the enforcement of this law In such |
manner ~ 10 produce tho most beneficial |
results and also handlc1ps the efforts Of /
tho department for suppression Of the |
trafTC I'm drugs by persons not eligible for |
registration. II also emphasizes tho urgent |
need Of n thorough rcvFion ~ this act 90 et- |
n 40 nh nf fp=
preston OF the drug evil In this country
Before this decision was rendered a
large number Of persons had been tried.
and sentenced TO pay fines ur
serve terms Of imprisonment. or both for
violation of section because OF unlnwful
possession of the prescribed drugs. and II
was necessary 60 take Immediate steps for
heir relief. and In all caHeH pending at the
lime Of the decision the persons have since
jeen released from prison but as there was
10 authority OF law nor money available
or refundmcnt OF the fines paid, II will be
,eceBsary for Congress TO make tho necea.
lary appropriation for this action 90 DO
aiken.
"rho situation renders imperative lcgisla.
ion 10 amend and strengthen this law. II
he welfare OF the country and OF those
riIctcd by tho drug evil is to be protected
nd Justice given those who have heretofore
zen convicted and paid fines for viola.
ION Of the law which the Supreme Court
cCidcd they had not violated.
Therefore 1t is again recommended that
his act be amended or revised TO provide:
First. a tax on the drugs, with pro.
vision for original stamped packages
limiting tho dealing In and dispensing
OF and from such packages to those
registered under the law, and making
the absence Of tho stamp from any
package evidence OF nonpayment OF the
tax and violation of the law except
packages put up upon prescriptions
issued for medical purposes by regis.
tered practitioners, and also to make
the possession OF an original stamped
package by any person not registered
evidence OF failure to pay special tax
and OF violation OF tho law,
Second That the registration be lin.
lied under tho act to persons lawfully
engaged In selling, dispensing. admins.
terinR or prescribing the drugs, and
that the writing Of prescriptions keep.
ing or records and altering or forging
OF same be more fully covered by the
statuie' with adequate provision for
punishment OF Offonses denounced
Third That all tho general pro.
visions OF the internal revenue statutes
relating to seizures forfcltures, etc, be
made applicable to the drugs taxed ana
the persons upon whom special taxes
nre imposed
1t IL recommended that Congregs m.
1prlate the necessary amount for rcDav.
mt OF hnes imposed by the courts upon
-sons convicted OF unlawful possession -
der section s. -
IT IL further urged that Congress pro.
e Tor the treatment by the Government
ough some designated agency. OF per
II addlcted TO the use OF drugs, where