« PreviousContinue »
(Inclosure 2.) Translation of law of December 17, 1894, touching retail sale of medical preparations and
the manufacture of specialties. 1. The privileges granted to druggists in regard to the sale at retail of medical preparations is extended in so far as to allow not only the sale of medical preparations given in the seventh edition of the Austrian Pharmacopæia of 1889, but also in those of the three previous editions, except those which have experienced a change of preparation as given in the seventh edition, which can be sold only on the presentation of a physician's prescription.
Furthermore, it is permitted to druggists to sell at retail all articles and preparations made according to the pharmacopeias of European countries and not subject to sale only when prescribed by a physician.
All these preparations must be offered for sale only under their authentic names.
In cases where drugs come into consideration which are excluded from sale, such as B. Pulvis ipecacuanha opiatus, they will be handed over to parties only in single doses and in such daily portions as will never reach the maximum limit allowed for adults, and an approximate proportion for children. Aside from this, all necessary precautions must be taken to prevent any undue use of such drugs.
2. The law of December 12, 1889, touching the arbitrary multiplications of prescriptions remains in force, but it is permitted that prescriptions now on file in drug stores may continue to be prepared, on condition that they do not contain ingredients excluded from private sale.
All these and similar preparations must be labeled and known under a name signifying their nature and effect, rendering misconception or error impossible.
Misleading or improper names must not be given even to well-tried remedies. For instance, “ pillulæ purgantis” are not to be named "Vienna blood-purifying pills of the holy Elizabeth,” or spiritus sinapis (mustard plaster) be called algophon.
Inasmuch as the foregoing prohibition has not been fully complied with, druggists are held to act in conformity with this provision before the 31st of December, 1895.
3. Druggists are allowed to prepare specialties and name them under the conditions as given under paragraph 2, showing on the attached label the doses to be taken, and observing all other rules in connection with the preparation of medicines.
As specialties, however, can only be considered as remedies, containing materials universally recognized as possessing healing qualities, as, for instance, balsanum copaivæ, oleum santali, etc., or medical preparations, such as extractum filicis maris, extractum cubebæ, and other mixtures prepared in a manner to make them less obnoxious to sight, smell, or taste; for instance, capsulæ gelatinosa, or amylaceæ, dragées varnished, or otherwise coated pills, gelatine medicatæ, suppositaria medicata, sapones medicata, etc.
4. All such preparations made and sold by druggists must be entered in a book kept for this special purpose, specifying the manner and length of time of preparation and the proportions of ingredients used in the composition.
Every wrapper inclosing a dose of a medical composition prepared in a drug store and kept on hand for retail sale must have a label on which is written the name of the drug store, the contents, the price, and the manner of using the article.
When selling a preparation as described in the foregoing to a party, such directions must be written on the label as are given in the respective regulations.
In regard to the prices to be charged for articles prepared in larger quantities and kept on hand to be sold for immediate use, the rates to be charged will not be calculated according to the tariff rates in the prescription tax, but will be made on a reduced scale, on the basis of the wholesale price of the articles and in proportion to the time consumed in their preparation.
A price list must be kept in every drug store of all medical preparations exposed for sale, the prices to be in accordance with the quantities of the medicinal ingredients and materials used in their composition, which price list shall be subject to approval by the political authorities.
5. Of all medical preparations of foreign manufacture as well as of specialties prepared in Austria coming under paragraph 1 of the ministerial degree of September 17, 1883, No. 152, the druggist must keep two complete and classified lists, one for those of domestic make and one for those made abroad, which must be produced when required by the authorities or shown to the examining board when making its visit.
Of all the labels, lithographed wrappers, directions for use, etc., used in the sale of medical preparations, à complete list of specimens and samples must be kept, as well as copies of advertisements and announcements, ready to be shown to the official authorities.
6. (Has become obsolete by its repeal, and the provisions of the new paragraph No. 6 will be found in inclosure No. 3.)
7. Violations of this law, if not coming under the criminal law, will be punished according to the provisions of the ministerial decree of September 30, 1857, No. 198.
Translation of the law of April 16, 1901 (No. 40). Modifying paragraph 6 of the law of December 17, 1894, touching, retail sale of medical specialties and pharmaceutical preparations by druggists, which paragraph is to read henceforth as follows:
“The proper Government officials must supervise the manufacture and sale of pharmaceutical preparations, examine the lists, and prohibit the manufacture and sale of such preparations as are found to be not in compliance with the existing regulations, leaving to the plaintiff the right to make appeal against such decision.
** The owner or responsible manager of a drug store must report to the proper authorities the manufac are of any new article intended to be sold to the public, as well as any foreign-made pharmaceutical preparation or specialty for the sale of which he may act as agent.
“In case the authorities applied to decline to issue the permit desired, it then becomes necessary to send two samples of the article in question, in their original packages, to the provincial government, and in case the latter also declines, the case may be taken to the ministry of the interior.
“The sale of the article in question can not commence until three months after notification has been made, unless previous notice has been received by the druggist stating that the ministry of the interior has found no reason to issue an order prohibiting the manufacture and sale of said article.
“It is prohibited, when selling the article, to refer to this official communication.
“The expenses involved in the examination of a medical preparation or a foreign remedy or specialty must be borne by the druggist who made the petition. “This law will take effect on the day of its publication."
JEWS IN ROUMANIA-DISCRIMINATIONS AGAINST, CONDITION OF HELPLESSNESS TO WHICH THEY ARE REDUCED, AND OBJECTION OF UNITED STATES GOVERNMENT TO IMMIGRATION OF SUCH PERSONS. a
Mr. Hay to Mr. McCormick.
DEPARTMENT OF STATE,
Washington, August 11, 1902. Sir: In the course of an instruction recently sent to the minister accredited to the Government of Roumania in regard to the bases of a negotiation begun with that Government looking to a convention of naturalization between the United States and Roumania, certain considerations were set forth for the minister's guidance concerning the character of the emigration from that country, the causes which constrain it, and the consequences so far as they adversely affect the United States.
It has seemed to the President appropriate that these considerations, relating as they do to the obligations entered into by the signatories of the treaty of Berlin of July 13, 1878, should be brought to the attention of the Governments concerned and commended to their consideration in the hope that, if they are so fortunate as to meet the
a Identical instruction sent to representatives of the United States to France, Germany, Great Britain, Italy, Russia, and Turkey. See also under Roumania.
approval of the several powers, such measures as to them may seem wise may be taken to persuade the Government of Roumania to reconsider the subject of the grievances in question.
The United States welcomes now, as it has welcomed from the foundation of its Government, the voluntary immigration of all aliens coming hither under conditions fitting them to become merged in the body politic of this land. Our laws provide the means for them to become incorporated indistinguishably in the mass of citizens, and prescribe their absolute equality with the native born, guaranteeing to them equal civil rights at home and equal protection abroad. The conditions are few, looking to their coming as free agents, so circumstanced physically and morally as to supply the healthful and intelligent material of free citizenhood. The pauper, the criminal, the contagiously or incurably diseased are excluded from the benefits of immigration only when they are likely to become a source of danger or a burden upon the community. The voluntary character of their coming is essential; hence we shut out all immigration assisted or constrained by foreign agencies. The purpose of our generous treatment of the alien immigrant is to benefit us and him alike-not to afford to another state a field upon which to cast its own objectionable elements. The alien, coming hither voluntarily and prepared to take upon himself the preparatory and in due course the definitive obligations of citizenship, retains thereafter, in domestic and international relations, the initial character of free agency, in the full enjoyment of which it is incumbent upon bis adoptive State to protect him.
The foregoing considerations, whilst pertinent to the examination of the purpose and scope of a naturalization treaty, have a larger aim. It behooves the State to scrutinize most jealously the character of the immigration from a foreign land, and, if it be obnoxious to objection, to examine the causes which render it so. Should those causes originate in the act of another sovereign State, to the detriment of its neighbors, it is the prerogative of an injured State to point out the evil and to make remonstrance; for with nations, as with individuals, the social law holds good that the right of each is bounded by the right of the neighbor.
The condition of a large class of the inhabitants of Roumania has for many years been a source of grave concern to the United States. I refer to the Roumanian Jews, numbering some 400,000. Long ago, while the Danubian principalities labored under oppressive conditions, which only war and a general action of the European powers sufficed to end, the persecution of the indigenous Jews under Turkish rule called forth in 1872 the strong remonstrance of the United States. The treaty of Berlin was bailed as a cure for the wrong, in view of the express provisions of its forty-fourth article, prescribing that “in Roumania the difference of religious creeds and confessions shall not be alleged against any person as a ground for exclusion or incapacity in matters relating to the enjoyment of civil and political rights, admission to public employments, functions, and honors, or the exercise of the various professions and industries in any locality whatsoever,” and stipulating freedom in the exercise of all forms of worship to Roumanian dependents and foreigners alike, as well as guaranteeing that all foreigners in Roumania shall be treated, without distinction of creed, on a footing of perfect equality.
With the lapse of time these just prescriptions have been rendered nugatory in great part, as regards the native Jews, by the legislation
and municipal regulations of Roumania. Starting from the arbitrary and controvertible premise that the native Jews of Roumania domiciled there for centuries are “aliens not subject to foreign protection,” the ability of the Jew to earn even the scanty means of existence that suffice for a frugal race has been constricted by degrees until nearly every opportunity to win a livelihood is denied, and until the helpless poverty of the Jew has constrained an exodus of such proportions as to cause general concern.
The political disabilities of the Jews in Roumania, their exclusion from the public service and the learned professions, the limitations of their civil rights and the imposition upon them of exceptional taxes, involving as they do wrongs repugnant to the moral sense of liberal modern peoples, are not so directly in point for my present purpose as the public acts which attack the inherent right of man as a breadwinner in the ways of agriculture and trade. The Jews are probibited from owning land or even from cultivating it as common laborers. They are debarred from residing in the rural districts. Many branches of petty trade and manual production are closed to them in the overcrowded cities where they are forced to dwell and engage, against fearful odds, in the desperate struggle for existence. Even as ordinary artisans or hired laborers they may only find employment in the proportion of one “unprotected alien” to two “Roumanians” under any one employer. In short, by the cumulative effect of successive restrictions, the Jews of Roumania have become reduced to a state of wretched misery. Shut out from nearly every avenue of self-support which is open to the poor of other lands and ground down by poverty as the natural result of their discriminatory treatment, they are rendered incapable of lifting themselves from the enforced degradation they endure. Even were the fields of education, of civil employment, and of commerce open to them as to “Roumanian citizens,” their penury would prevent their rising by individual effort. Human beings so circumstanced have virtually no alternatives but submissive suffering or flight to some land less unfavorable to them. Removal under such conditions is not and can not be the healthy, intelligent emigration of a free and self-reliant being. It must be, in most cases, the mere transplantation of an artificially produced diseased growth to a new place.
Granting that, in better and more healthful surroundings, the morbid conditions will eventually change for good, such emigration is necessarily for a time a burden to the community upon which the fugitives may be cast. Self-reliance and the knowledge and ability that evolve the power of self-support must be developed, and, at the same time, avenues of employment must be opened in quarters where competition is already keen and opportunities scarce. The teachings of history and the experience of our own nation show that the Jews possess in a high degree the mental and moral qualifications of conscientious citizenhood. No class of immigrants is more welcome to our shores, when coming equipped in mind and body for entrance upon the struggle for bread, and inspired with the high purpose to give the best service of heart and brain to the land they adopt of their own free will. But when they come as outcasts, made doubly paupers by physical and moral oppression in their native land, and thrown upon the long-suffering generosity of a more favored community, their migration lacks the essential conditions which make alien immi. gration either acceptable or beneficial. So well is this appreciated on the Continent that even in the countries where anti-Semitism has no foothold it is difficult for these fleeing Jews to obtain any lodgment. America is their only goal.
The United States offers asylum to the oppressed of all lands. But its sympathy with them in no wise impairs its just liberty and right to weigh the acts of the oppressor in the light of their effects upon this country and to judge accordingly.
Putting together the facts now painfully brought home to this Government during the past few years, that many of the inhabitants of Roumania are being forced, by artificially adverse discriminations, to quit their native country; that the hospitable asylum offered by this country is almost the only refuge left to them; that they come hither unfitted, by the conditions of their exile, to take part in the new life of this land under circumstances either profitable to themselves or beneficial to the community; and that they are objects of charity from the outset and for a long time--the right of remonstrance against the acts of the Roumanian Government is clearly established in favor of this Government. Whether consciously and of purpose or not, these helpless people, burdened and spurned by their native land, are forced by the sovereign power of Roumania upon the charity of the United States. This Government can not be a tacit party to such an international wrong.
It is constrained to protest against the treatment to which the Jews of Roumania are subjected, not alone because it has unimpeachable ground to remonstrate against the resultant injury to itself, but in the name of humanity. The United States may not authoritatively appeal to the stipulations of the treaty of Berlin, to which it was not and can not become a signatory, but it does earnestly appeal to the principles consigned therein because they are the principles of international law and eternal justice, advocating the broad toleration which that solemn compact enjoins and standing ready to lend its moral support to the fulfillment thereof by its cosignatories, for the act of Roumania itself has effectively joined the United States to them as an interested party in this regard.
You will take an early occasion to read this instruction to the minister for foreign affairs and, should he request it, leave with him a copy. I have the honor, etc.,
SENDING OF HUNGARIAN NATIONAL BANNER TO THE UNITED
Mr. Adee to Mr. McCormick.
DEPARTMENT OF STATE,
Washington, September 3, 1902. Sir: Iinclose herewith copy of a letter from Anthony S. Ambrose, esq., supreme president of the National Slavonic Society of the United States of America, alleging that a delegation of Magyars are on their way to this country with a costly Hungarian national banner, on which are inscribed the words, “ Be dauntlessly loyal to your fatherland, oh, Magyars;" that this banner is sent as the gift of the Hungarian National League to Hungarians living in the United States; that the gift was