New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-13

mediclnes-ChaTlcs y. Crittenton Com
pany and II. Plsnten & Son-restrain-
ing IL from enforcing the law. Stimuli
tsneously, L. Fougera & Co., makers
and sellers OF patent medicines, through
Charles VI. Russell. counsel, served a
similar summons and complaint.
Agreement Is Sought
But these motions we're never pressed
for trial Instead counsel for the three
firms and the Corporation Counsel en-
tered into an agreement to hold the
entire matter in allegiance. both the
pressing Of the suits for injunctions
and the enforcement Of the law, until
they could agree on a state Of facts TO
submit 20 the court. This took the
case out Of the courts temporarily.
That was more than a year ago.
Since then the two sides have agreed
on a state Of facts and have been add
ing supplemental briefs at the rate Of
one every two months without going
into the courts.
Assistant Corporation Counsel Mil
lard, who has been handling the case
for the city, now says the issue will
again be reached in the courts by the
middle Of the month. He expects the
courts TO uphold the contentious of the
city.
George ". Wickersham. former
United States Attorney General. has
been in personal charge of the fight
being waged against the GoldWater law.
The patent medicine people, through
their counsel, have set up claims that
70 comply with the law would result in
their being deprived Of their property
a d % Ia
allege that the law is unconstitutional.
They also contend that disclosure of
the therapeutically active ingredients
in their patent medicines will have no
tendency 70 protect the public from
fraud, except in so far as said disclo-
sure may furnish information upon
which criminal proceedings may be in
stituted."
Another Point Raised
Another point raised by Mr. Wicker
sham is that "the ordinance and regu-
lation are in violation of Section s.
Article |, Of the New York constitu-
ton. in that they compel the plaintiff
tPlante) 70 be a witness against him
self as a condition precedent 70 selling
Blair's Govt and Rheumatic Pills in
the City of New York" A similar
point raised is that the ordinance, be-
ing invalid against individuals because
yiolative Of the privilege against self
determination, is also invalid as 10 cor
porations.
The Board Of Health, through its
legal representative, contends the
Goidwater law is valid and claims that
"a veil Of mysticism covers the dis
semination Of large number Of these
proprietary concoctions and nostrums
through which the interruptions pro-
prietor or manufacturer is enabled TO
employ the siren strains OF curative
claims 10 lure the afflicted and the
weak; TO prey upon the credulity Of
the sick"
And regarding the need Of such a
law the Board of Health declares that
there is not within the realm Of the
application of the police power any
field of human activity which more
urgently requires vigilant surveillance
than the drug field, nor is there any
business pursuit which more urgently
requires regulation for the protection
and preservation Of human life and
health than the sale and distribution
of the so-called patent and proprietary
medicines
The further claim that the right 20
reap profits by the preservation Of a
secret relative to the composition Of
drugs and so-called medicines and
remedies cannot stand against the
right Of the state and its delegated
representatives TO protect the life and
health Of the people.
And the contention Of the Health
Board that many Of the patent medl-
cines are worthless and the claims set
forth in advertising matter elative To
their curative powers constitutes
fraud upon the people. has not been
denied by the defendants.
While awaiting the action Of the
courts, the Goldwater law is dead
letter and the patent medicine mer
may 90 on in the meantime garnering