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Including Pharmaceutical Review, 26 volumes: Pharmaceutical Archives, 6 volumes;
The Midland Druggist, 10 volumes.
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Entered at the Postomice at Columbus, Ohio, as second olass mattor.
EDITORIAL NOTICE. The opinions and policies of this publication are given expression in its editorial columns. Our remaining columns are open to contributions upon any topic of pharmaceutical interest, it being understood that the views there expressed are those of the contributors, and do not necessarily imply editorial endorsement.
INSECTICIDE AND STOCK REMEDY CASES. LL of our readers are by this time aware of these contentions and are aware
of the results so far obtained. A permanent injunction has been issued in each case and these laws are now dead letters.
It may be remembered, however, that in handing down the judgment in the Insecticide case the judge said that the decision was not to prevent the Agricultural Commission from accepting any fees which may be voluntarily offered. The decision did, however, restrain the Commission from soliciting or demanding any license fee or tax.
The good faith which the Commission shows in abiding by the decision of the Court is illustrated by a letter which has been brought to our attention and which we quote herewith.
COLUMBUS, OHIO, July 6, 1914. HAMMOND SLUG SHOT WORKS, Dutchess County, Beacon, N. Y.:
GENTLEMEN:— Inspector of this Department recently obtained samples of French Bordeaux Mixture and Hammond's Tobacco Nicotine.
At the last regular session of the Legislature a bill was passed regulating the sale of Insecticides and Fungicides in Ohio. This law conforms in many respects to the Federal Government's Act of similar title.
Many firms favor protection afforded them under the Insecticide and Fungicide Law, for it protects the honest manufacturer from dishonest competition. Dealers of honest products are usually anxious to have their goods inspected and themselves relieved from the shadow of suspicion now resting upon the heads of those protesting against the enforcement of this Act.
(Signed) S. K. JOHNSON, Chief Inspector.
This letter is very cleverly drawn. Our readers will note that it makes no demand nor asks outright for anything, but if they will read between the lines, there is an implied suggestion that it would be well for these people to come up and pay the tax on these two particular items.
Having printed the letter of the Commission, it is no more than right that we should also print Mr. Hammond's reply thereto, which we give herewith:
BEACON (FISH KILL-ON-Hudson), N. Y., July 9, 1914. MR. S. K. JOHNSON, Chief Inspector, Bureau of Inspection, Division of Agriculture,
Columbus, Ohio: DEAR SIR:-Your esteemed advice of the 6th is at hand in regard to samples of French Bordeaux Mixture and Hammond's Tobacco Nicotine.
In regard to these articles, when this law exacting $20.00 per brand for all goods manufactured was passed, it placed us in a position where we were not able to pay it upon every article we sold in the State of Ohio. The exaction so made is in restraint of interstate trade. The over-sight or licensing of goods so as to keep track of responsibility as done in New York State and Michigan and California is similar to what you have adopted in Ohio, but when a fee of $20.00 is attempted to be demanded for every brand of goods that are made, we, for one, would be unable to comply with it, and furthermore, we regard it as not being in the interests of the public or of commerce, because it hits back, while it may afford temporary revenue.
As I am advised, this question of legality of exacting a fee is taken up to be tested concerning the same.
Several years ago the Southern States placed a tax upon every salesman who entered the state and sold goods from outside States. This was carried up to the Supreme Court of the United States, and the case was tried out in California, where a decision was rendered that such tax could not be exacted.
We want to do everything that is possible to uphold the proper laws, but when laws are made to tax the proper liberties of the trade, it is then time to protest against such exactions. If Ohio is sustained in the exaction of a tax of this character, then it would apply not only upon insecticides and fungicides, but also upon every article that was made in food or drug, etc., and then every other State would have the same right. If carried out it would be an embargo on general trade, because it is not possible to pay a special tax on every brand in general manufacture, but this sort of tax is a premium upon restricted trade and your contention that this law is objected to by only unreliable traders is not correct.
Very respectfully yours,
(Signed) BENJAMIN HAMMOND. We do not desire to make further comment on this situation, as we believe our readers can, from this information, fully gather the conditions as they now exist.
LIVING BY THE CONSTITUTION. T the recent convention of the pharmacists of Ohio there were frequent references
to the Constitution of the Association, and the statement has been made several times since that there should be an over-hauling of the present Constitution and By-Laws, possibly having them entirely re-written.
Like many other legal measures, no doubt it will be found that the Association has a good enough Constitution if only it is lived up to.
The Constitution of any organization is the organic law by which it is governed, while the By-Laws may be said to constitute its “common law."
However much a new constitution may be desired by this Association, we would not advocate an ultra-strict observance of parliamentary rules in its sessions for the simple reason that such strictness would often work to the embarassment of officials and members alike, without adding anything of value to the proceedings. However, if a Constitution exists, it should be lived up to in the main, as well as to follow in general the forms and customs of parliamentary proceedings as laid down by some accepted authority.
“It has well been said by one of the greatest English writers on parliamentary law that 'whether these forms be in all cases the most rational or not is really not of so great importance. It is much more material that there should be a rule to go by, than what that rule is, that there may be a uniformity of proceeding in business, not subject to the caprice of the chairman or the captiousness of the members. It is very material that order, decency and regularity be preserved in a dignified public
Considering particularly the constitutional requirements of the Ohio S. P. A. and its possible need of revision, we find in Article I, “This Association shall be called the Ohio Pharmaceutical Association."
The omission of the word “State" in this title is due to a typographical error, carried over from year to year because the matter is plated.
Article IV provides for an annual meeting at such time and place as may be decided by Council or the Association. At the July convention a resolution was offered in the Report of the Committee on Resolutions to hold a mid-year meeting in Columbus prior to the convening of the Ohio Legislature. While this report was accepted, the resolution required the vote of the Association to carry, but the matter was not brought up for action, evidently through oversight. The President has power to call such a meeting if requested to do so by 25 or more members.
Article V provides for an Assistant Secretary, and as far as we can learn, no such officer was ever elected. · It was, no doubt, the intention to provide an assistant secretary when the annual meetings were held in different cities, but “local Secretary” would have been a more distinctive title. Here the Constitution should be amended by striking out, or the office should be filled at the next election. It should be pointed out here that the By-Laws do not define the duties of the Assistant Secretary.
Article VI provides that every proposition to amend the Constitution shall be submitted in writing, but may not be voted on until a subsequent session. The adjournment of a session for a few minutes for the specific purpose of making the vote on such a question legal, is, under strict parliamentary law, a questionable proceeding, especially when a printed program defining sessions is being followed. Whether or not adjournment in such case ends the session is a point of fine distinction, but one which could easily be provided for to the satisfaction of the society in the article itself. However, notwithstanding the Constitution and the principles of parliamentary law, the will of the body politic is supreme, and should such action bring out no dissenting votes on the procedure, there can be no question of its legality.
* Roberts' Rules of Order.
Article II of Chapter II of the By-Laws requires all applicants for membership to sign the Constitution and By-Laws. The application blanks now in use do not conform.
Article I, Chapter V, calls for the appointment by the Chair of a Committee of one member for each county on State and County Correspondence. We do not find that such a Committee reported at the last meeting, although in the Standing Committees is one of eight members on County Organization. It would seem such a committee would prove a valuable follow-up on the Organizer and we would like to see such a committee active during the coming year.
At the July meeting only one amendment to the Constitution was carried; that of increasing the annual dues from $2.00 to $5.00.
Since the matter of Constitution has been brought up and some seem to desire changes, it would be well to start right now to frame up amendments for presentation to the mid-year meeting if called, so that action can be had on them at the 1915 convention. The MIDLAND will volunteer to act as the forum and give opportunity for full discussion and consideration.
ASSOCIATION ACCOMPLISHMENTS. НЕ
to discuss their business conditions during the past year, to prepare for the coming year and to work out their plans in co-operation as provided under the laws of their state organizations.
These meetings have largely disproved the statement that history always repeats itself, for instead of the slow-going convention which has become the old order, this year's assemblies have, almost without exception, indicated a high-tide of enthusiasm and a wide-awake interest in association and business affairs.
In looking back over the years of association work, contrasting the environments of pre-association days with those of today, one is fairly astounded at the things men are able to accomplish for themselves when their efforts are applied in unison. Of course, some improvement in a given trade is bound to accrue from the general advance and progress of the time, but there is no mistake in saying that the pharmacists of this country have made wonderful strides since trade associations became the order of the day, and this would seem to be sufficient argument to bring into pharmaceutical associations every pharmacist in the land.
Ohio pharmacists, in spite of some unsatisfactory conditions which yet exist, have made a good fight. They have freed themselves from freak legislation, ignorant official interpretations and unjust prosecutions which obtained some years ago and which demanded the services of a special auxiliary to combat. Then, their association numbered 700 members, not by any means representative of the trade of the State. Today that auxiliary is dead and they can boast of an association 2,000 strong.
It is true that present conditions are far from ideal and business is reported declining in some sections, but in so far as regulations regarding the practice of pharmacy are concerned, they hold the future in their own hands. Many strictures have been placed upon pharmacists through state and national legislation for the benefit of the public in general, more to protect it from its own inherent evils than
from those which are practiced upon it by the pharmacists. These the trade have accepted as a sacrifice which must be made as loyal citizens whose duty it is to uphold the community.
All that is lacking is a real, true appreciation by the pharmacists of Ohio that they have a power which they can wield in their own behalf. Their recent dignified protest through the Courts brought a victory which will help to win others.
Among the specific actions of the recent Ohio convention is the increase in membership fee to provide funds to develop more power; to employ a State organizer; and to establish a publicity bureau to look after the pharmacists' interests in the public press and in legislative halls. That the Association is beginning to use its power was evidenced in its own ranks when it demanded that certain reforms be instituted, and in all its discussions and arguments the spirit of progress was present.
Other states are likewise advancing in pharmaceutical affairs. West Virginia still remembers the losing fight she always met in pre-association days.
Her progress since the establishment of the state organization is truly remarkable and her last achievement is the establishment of a Department of Pharmacy at the State University.
Indiana last year went through a bitter fight to enact a narcotic law, but finally won, and now she has set machinery going to further extend and improve that law; to enact a pre-requisite law; restrict the sale of drugs to drug stores, and prohibit the sale of liquor in drug stores.
And so the story goes through every state in the union. Each state association is fighting to hold the control of pharmacy in its own hands, while all are leagued together to secure national legislation to back up and correlate the individual state laws.
Associations are the life of trade and efforts should be unceasing to bring into co-operation in pharmaceutical societies, every druggist who is not a member.
Chemical Reagents, Their Purity and Tests. By E. Merck. Authorized trans
lation by Henry Schenck, A. B. (Harvard). Second edition. Published
by D. Van Nostrand Co., 25 Park Place, New York City. Price $1.00.
This familiar text appears in a new dress and with quite numerous additions. It bears out its former excellent quality and presents the various reagents and tests for same in a very clear and concise manner. The tests for the most part are quite simple and easily applied, requiring no very elaborate outfit in the way of apparatus; hence the text is well adapted to the use of students and others who are lacking in facilities. It covers the field quite generally and includes practically all the reagents more recently brought into use. All chemists and students will find the book of very general service.
G. B. K.