LEGAL NEGLIGENCE.

A physician ordered two ounces of snakeroot and two ounces of Peruvian bark to be powdered and put up in four portions, with directions that one powder should be used daily with a certain quantity of water. The drug clerk followed the prescription, put the two articles in a mill to be beaten up, divided them up into four powders, and delivered them to the customer. Shortly after taking the first powder symptoms appeared which caused an examination of the remaining three to be made; and, as a result, the presence of cantharides was discovered. The evidence showed that the druggist, prior to the beating up of the snakeroot and bark, had ground cantharides in the same mill, and the court held him liable.

To use the same mill for pulverizing poisons and harmless medicines is of itself such negligence as will make the druggist liable for any injury that may be caused. In this case the directions of the physician were followed, and the clerk may not have known that cantharides was previously ground in the mill.

The defense in this case might have shown that the mill had been examined and no traces of cantharides had been found. Still the fact that the mill had been used for Spanish flies, and the injury having been traced to this article, the liability would have been the same. But if the mill had been used for harmless remedies only, and some stranger, without fault on the part of the druggist or his clerk, had misused it, the result of the case would have been otherwise.

The laws of the various States require that poisons shall be labeled as such, and the absence of the label is a criminal offense. If a person buys such poison, and the druggist fails to label the package, it has been frequently held that this omission is of itself evidence of negligence, and makes the druggist civilly liable.

The statement that a breach of law from which an injury follows is of itself evidence of negligence is generally correct. If the law insists that the package be labeled "poison," and the druggist fails to so label it, this failure is the ground of his liability. Still, even in such case, extrinsic evidence may rebut the presumption of negligence, and avoid the liability.

A person suffering from bowel trouble met a friend who told him to obtain a "black draught" and take a wineglassful as a remedy. The patient thereupon went to a druggist and asked for "black drops;" whereupon the druggist inquired what ailed him, and, on being informed, recommended "cholera drops;" but the patient still insisted on "black drops." The druggist then told him that "black drops" were a strong poison, and he could only safely take from ten to twelve at a dose. He then gave him a vial marked "black drops," omitting to label it "poison," as the law required. The patient took the contents of the vial at one draught, as

he understood his friend to have directed him, and— died. Now, in this case, the druggist was certainly guilty of an offense in omitting to label the vial as required by law. But, on a civil suit being brought, the court held that if the jury believed that the druggist actually gave the warning to the customer, this was sufficient, and he would not be liable.

The law determined by this case is that if the druggist fully warns the purchaser that a certain drug is dangerous, he is free from civil liability to such purchaser, even if he fails to label the drug when sold; but, if the drug should get into the hands of a third party who had not been warned, then the druggist's liability would attach because of his neglect to affix the label.

In such cases it is a question of fact for the jury whether the warning was given or not; and, though the druggist may swear that it was given, the jury may disbelieve him, and hold him liable. In the case cited, the jury did not believe the probability of the druggist's statement in the light of the fact that he had neglected his duty. It might well be said that it is improbable that the patient would have disregarded the warning of the druggist and accepted the opinion of his friend.

But if the druggist had first labeled the bottle properly, then, even though he had delivered it to the customer without warning, he could not have been held liable, because the error in procuring the wrong article was the purchaser's, not his.

Whenever the negligence of the injured party contributes to the injury sustained, even though the druggist is also negligent, the law will not hold the latter liable. No absolute rule can be laid down as to what constitutes contributory negligence. Each case must be determined by itself and on its own merits.

Every person is bound to use reasonable care to prevent damage to his person. And if his own carelessness is the natural cause of the injury, no matter how negligent the other party may have been, he, at least, has no legal ground for complaint. Where both have been careless, and injury has resulted, the question always is, "Whose negligence was the natural cause of the injury?" If it appears that the plaintiff's negligence was the natural cause of the injury, then the doctrine of contributory negligence comes in. The plaintiff is said to have "contributed" towards his own injury, and hence cannot recover. If, on the other hand, the defendant's negligence appears to have been the natural cause, then the defendant is liable, and must pay in damage according to the gravity of the case. In Massachusetts, the burden is always on the plaintiff to show that his own carelessness was not the cause of the injury, and also that the defendant's carelessness was the cause.-GEORGE HOWARD FALL, Ph.D., LL.B., in The Spatula.

BUSINESS HINTS.

A Fine Specimen of Druggist's Advertising.—

John Conrad & Co., owners of the Kenwood Pharmacy, 25 East 47th Street, Chicago, some time ago got out about the neatest thing we have seen in many moons. Indeed, it is so inherently neat and artistic that we despair of describing it so that any sort of an adequate idea can be conveyed of its character. But we shall try. First, then, imagine a little eight-page booklet of quite heavy and nice yellow paper, bound with a cover of red; size, 234 x 334 inches; enclosed in a special red envelope of the same paper as the cover, and intended, as all envelopes are, to be addressed. The first page of this booklet is used to advertise chamois, and the cover is cleverly left a little short so that the word "chamois" at the head of the page is seen. Other pages are used to advertise, respectively, tooth-brushes, combs, toilet soaps, novelties, "our soda," prescriptions, and "our prices." The paper, as we have said, is yellow; the ink is red-the same shade as the cover and the envelope. The combination of red and yellow carried throughout is very pretty; and the type is displayed with great effect and in excellent taste. The The whole thing is printed on a superior quality of paper, and rich elegance is suggested in every detail. Included in each booklet as it is sent out is a two-leaved, round, notched pen-wiper of chamois, containing on the inside the compliments of the firm. This wiper is a neat present that is sure to be used, and besides, being made of chamois, serves to enforce attention upon the leading line advertised in the booklet. We reprint the matter anent chamois printed on the first page:

Chamois

AT PRICES THAT TALK

Chamois that are soft Chamois that will wash Chamois, Oil Tanned, for Carriage use

Chamois for the face

Chamois Finger Cots

Chamois Pen Wipers

Chamois for all purposes

SMALL CHAMOIS and LARGE CHAMOIS

Direct from the factory And at prices that will Astonish you

The Necessity of Carrying Fire Insurance.

Mr. A. W. Sommerfield says that whenever a merchant finds that his business will not justify his paying premiums for fire insurance he had better give up business.

The question of carrying fire insurance is a matter of great importance to the creditor, for in some cases there is not sufficient insurance carried, while in others we find merchants carrying no fire insurance whatsoever. The attention of all such traders should be directed to this all-important question.

In the first place, a merchant injures himself by not carrying insurance, for he will certainly find that it will operate against him to the extent of curtailing his credit. It is a duty he owes himself as well as his creditors, and under no circumstances should he overlook it, or fail to fulfill it.

There are frequent instances where a merchant has sufficient capital, but is owing for merchandise for which he can pay in the usual course of business, but he has been so remiss as to carry no insurance, and consequently, when visited by fire he not only loses all he possesses, but also causes a loss to his creditors. It will, therefore, be apparent that he has not only committed an act of injustice toward himself, but to those who have reposed confidence in him to the extent of giving him credit.

When a credit man is passing upon an application for credit he should make it a point to thoroughly investigate the question of insurance carried by the would-be customer, and in the event of his finding that there is no insurance carried he should not hesitate to decline the risk.

A merchant has the following advantages through carrying fire insurance:

1. It assists him in obtaining credit.

2. He protects himself in case of fire.

3. He protects his creditors, as he is enabled to pay what he owes in the event of his being visited by fire.

His Little Journal is a Success!—

In the September BULLETIN we commented on the first number of a little journal called "Glad Tidings" published by Mr. Frank H. Thomas, a pharmacist of Wyoming, Iowa. We are now pleased to receive from Mr. Thomas a copy of the second issue of his journal, in which he tells us that the results gained from the first issue were most successful. He has decided to print the paper regularly every quarter hereafter. Of the second issue, just gotten out, 750 copies were printed; these Mr. Thomas found were about enough to supply all his customers. A house-to-house distribution is made in town, and with country customers the mails are used. Mr. Thomas's paper is simply a four-page folder, about 61⁄2 by 81⁄2 inches in size. The advertising basis is a large number of small items calling attention to certain preparations and articles of Mr. Thomas's stock; though

mixed in with these, in order to make the journal readable and interesting, are useful items of general information, jokes, and the like. Mr. Thomas asks us to criticize the second issue of his journal as we did the first. In response to this request we would say that the present issue exhibits a very decided improvement; about the only recommendation we feel like making is, that a greater relative number of jokes and other general matter be used. Of course, one likes to get in as much of his own advertising as he possibly can, but he must never forget that his advertising is useless unless it is read; and that ordinarily people have to be coaxed pretty hard to read it. The best way for a druggist to make his journal popular is to put a lot of things in it that will make people look forward to its appearance with interest.

Mr. Patton's Advertising.—

Mr. John F. Patton, this year's president of the A. Ph. A., and a successful pharmacist at York, Pa., prints his own booklets, envelope cards, and small advertising matter of all kinds. To be frank, we must confess that the typography of his advertising matter is not up to the artistic standard nowadays achieved by printers; but what is lost in beauty is perhaps more than gained in economy. Still, to be successful, advertising matter has to be attractive in these days when there is so much of it on every hand.

Mr. Patton has built up a large business in his own preparations by making excellent ones and then by constantly "pushing" them. Before the last meeting of the Pennsylvania Pharmaceutical Association he said: "I have reduced the sale of 'patents' in my store from $2500 a year to something less than $200, while I have advanced the sale of my own articles from $1 a year to $2000 a year!" In a little booklet which lies before us as we write are advertised Patton's Liver Pills, Improved Corn and Bunion Remedy, Curative Balm, Antiseptic Tooth Powder, Chapoleine, Hair Renewer, etc., etc. Every leading variety of article for self-medication is represented in his list. Mr. Patton's success shows what insistent efforts will do in developing business in almost any direction. Constant hammering away is the wise advertising policy.

In a card from Mr. Patton's press the farmer is appealed to. The merits of Patton's Condition Powder, Poultry Powder, Stock Liniment, etc., are dwelt upon, and the "noble granger" is invited to come hither and supply his wants, whether for the foregoing remedies, or for any medicines whatsoever.

"Pushing" the Sale of Pressed Herbs, etc.—

In an article in the December BULLETIN the readers of this journal were told how Mr. Stedem, of Philadelphia, built up a large trade in pressed herbs. The trade in these is not with most druggists anything like

as large as it can be and should be. A little "pushing" of the right sort would work surprising results in a short time. One of the best methods of doing this would be by making occasional window displays. Mr. George W. Hague (Merck's Report) describes the following window: "Crude drugs were exhibited in one window and pressed herbs in the other. The crude herbs were in 5-cent packages. These herbs being in blue packages, a red background was used. This makes an excellent display; the light does not affect the color of the packages enough to be objectionable, and there is a good profit in their sale. These herbs were piled up in steps of the window, and bore the following signs: 'All kinds of pressed herbs, 5 cents per package.' 'These herbs are fresh.' The windows were also trimmed with such samples of the fresh leaves and flowers as were obtainable. The other window was dressed with crude drugs, such as chamomile flowers, senna leaves, sassafras bark, large clubs of cinchona bark, and large pods of purging cassia, poppy capsules, etc. This was a profitable week. This window had a sign reading: 'All kinds of crude drugs for medicine, cooking, and coloring.'"

The Dangers of Post-Dating Notes.

The following directions issued to their traveling salesmen by a large manufacturing house may well be digested by pharmacists who, as business men, are confronted often with such conditions as these directions apply to:

"Our representatives are working under a strict rule not to post-date notes, acceptances, or contracts, etc. What we mean by post-dating is, for instance, taking a note which is dated several days or weeks or months after it is taken. This post-dating of notes, acceptances, etc., does not make the document involved absolutely void, but it often leads to serious consequences and annoying difficulties which require the taking of evidence to get over. We will, however, ask our representatives to consider how they would get out of this difficulty: Supposing A should take a note from B on November 1 that was dated November 15, and B should die November 5, or before the date of the note. This, however, is only one of several contingencies which could happen between the time the note was taken and its date that would make it quite embarrassing for the holder of the paper. Another contingency we might name would be the dissolution of a partnership between the time it gave a note and the time the note was dated.

Window Bird Seed Display.—

Joseph Hostelley gives the following in Merck's Report: "As a stimulus to the sale of bird seed, support in the center of window a thick, many-forked branch from a large tree. In one of the forks set a bird's nest, a foot or more in diameter, woven from green excelsior, twigs, and leaves. Nestle several small mimic birds in

this device. Lean a miniature ladder against the 'tree,' up which two of the funny figures are attempting to take a box of bird seed, the latter being in reality an empty carton. Let several of the little men be perched on the bare branches, and one or more peering into the giant nest. Sections of artificial vine judiciously twined about the members of the 'tree' will enhance the effect, producing the appearance of foliage. Heaps of loose seed or piles of the boxed article to left and right of this display will complete the exhibit. An attending placard might say: 'Many, many meals for 10 cents.' This idea will possibly suggest an Easter trim; it might be made to call attention to egg dyes."

Methods Followed by a Boston Firm.

Jaynes & Co., Boston druggists, make a point of always having some unique advertising exhibit outside their stores, or in the windows, says a correspondent in Printer's Ink. At their Hanover Street store they have placed on the front of the building the colossal head of

a man.

Into his mouth is shoved a mammoth perfecto cigar. The work is cleverly done to show a man in the act of smoking one of their special brands of cigars. In the cigar, which is hollow, is concealed a red electric light, which glows on the under side, and at the end of the long ash, which appears just about to drop from the end of the weed. Closely following the glow, as though the mammoth figure had just taken a puff, comes a column of steam from the figure's mouth, followed by another smaller one from the end. In an uptown store they keep a man at work carving out lifelike figures from huge blocks of hard toilet soap, cakes of which are displayed in the window.

Display of Castile Soap.

Mr. George W. Hague tells (Merck's Report) of a Castile soap window which he recently displayed with success. He used large bars of Castile soap, piling them up in the shape of a log cabin, the white and green in one window and the red in the other. In the window containing the white Castile soap he used a black background; in the window containing the red a blue background was placed. It is well to use a background opposite in color to the goods to be displayed, as this makes the goods showy. He also used signs: "Pure White Castile Soap, 50c. per lb.; also in 5c. and IOC. cakes." In the other window he placed a sign: "Red Castile Soap for horses, 35c. per lb.; also 5c. and IOC. cakes."

It is Binding.

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One of the essentials to success in advertising, says the Shoe and Leather Reporter, is to faithfully abide by whatever is stated in the ad. Even if the printer makes

a mistake in the prices and you have to sell at a loss, do it and hold the printer responsible, but never let an idea get bruited abroad that you are not a man of your word. A statement made in an advertisement is as binding as if made orally or by letter, and should not be departed from under any consideration.

An Irresistible Persuader.

Advertising "dodges" have had their day; their usefulness has almost departed, and they can now be employed successfully only when they possess extraordinary merit, sagely remarks the Philadelphia Record. The public prefers a straightforward appeal to its intelligence and its reasoning capacity. The sensibly written and well constructed advertisement is an irresistible persuader.

A Good Point.—

If you are doing business in a community where monthly accounts are run, says the Western Druggist, be sure to see to it that the customers receive their bills before breakfast on the first of the month. For that is the time among the well-to-do when the household exchequer is replenished, and in all probability prompt payment will be made.

The Impression to Make.

A man who travels out Lancaster Avenue in Philadelphia very often remarked to a friend the other day: "I am always on the lookout for Perry's drug store as I pass, for every time I see something new and attractive in his window display. He has got the art of making his windows pay his rent down pretty fine."

PRACTICAL PHARMACY.

Remedy for Smut in Wheat.

The Experiment Station of the Michigan Agricultural College has just published and circulated widely the following directions for remedying smut in wheat. Inasmuch as the formaldehyde solution will have to be purchased of pharmacists by the farmers using the method, it occurs to the BULLETIN that pharmacists can go a step further and themselves recommend the remedy to farmers whom they know are having trouble of this sort: "Take one pound or pint of formalin-or, more properly, 40-per-cent formaldehyde solution—and stir it into fifty gallons of water. This quantity will treat fifty or sixty bushels of wheat. If a smaller quantity is required less amounts may be used, by keeping the same proportions, which are practically an ounce of formalin to three gallons of water. The cost of formaldehyde solution in small quantities is about five cents an ounce.

"Sweep clean a place on the barn floor and sprinkle well with the formaldehyde solution. Put the seed wheat on this sprinkled area and sprinkle or spray the wheat with the formaldehyde solution and shovel it over until every kernel is thoroughly wet. Do not be satisfied with simply dampening the grain, but apply the solution until every kernel is visibly coated with water. Allowing it to stand in a compact pile a couple of hours will insure the more complete action of the formaldehyde. If the grain is to be sown broadcast by hand at once it need not be thoroughly dried before sowing. But if it is to be kept long before sowing, or is to be sown with a grain drill, a certain degree of caution which every farmer will understand must be exercised to dry it thoroughly so that it will not sprout and spoil nor be too wet to work while in the grain drill. In drying the grain and handling it afterward care should be taken to wet the floor, utensils, bags, etc., with formaldehyde solution so as to kill every trace of the smut on the things with which the treated seed is to come in contact. "The above treatment is inexpensive and simple to apply. We have never heard of a case where it has failed to work."

The Pharmacopœial Formula for Cold Cream Defended.— In a paper presented to the New York State Pharmaceutical Association, Mr. W. A. Dawson says that after trying numerous cold cream formulas, the formula of the Pharmacopoeia has proved the best as a toilet preparation. He goes on to say that "some criticism has been made of the presence of borax in it on account of the incompatibility of that salt with some others when the ointment is used as a vehicle, but as a toilet preparation it is well-nigh perfect and unexcelled by any cold cream that I have yet seen; the borax making a finer

and whiter emulsion than would be possible if it were left out. It also retards rancidity, and the ointment keeps better for its presence.

"Where the cream is to be sold as a toilet article its

perfume may be enhanced by the addition of one or two grammes of oil of rose to each kilo of ointment, or the perfume may be changed to violet or any other odor by using about thirty cubic centimeters of extract of violet, or other extracts, to each kilo; the rose-water being replaced by distilled water, and the extract added after the ointment has become cold but before it 'sets.' In potting it a piece of waxed paper, cut to fit, should be laid closely over the cream before the cover is put on, so as to retard drying out and consequent unsalability. No greater quantity than will be sold in a month or two should be put up at a time, on this account, and the shop container should be an air-tight vessel for the

same reason.

"The soft ointments containing no water that are sometimes sold as cold cream are in no sense 'creams' at all, as the name can only be properly applied to an emulsion of ointment with water. Such ointments are entirely lacking in the prime requisites of cold cream, its cooling, soothing, and quickly absorptive properties. Petrolatum and mineral oils are unsuitable for use in cold creams on account of their unabsorbability."

Syrup of Ferrous Iodide Again.—

It is a curious fact that, notwithstanding the vast amount of information that has been published concerning syrup of ferrous iodide, there exists so much confusion as to the proper method of preserving this preparation, observes W. A. Dawson, in a paper read before the New York State Pharmaceutical Association. "If the syrup be kept in a place having free access to full sunlight, it keeps perfectly for any length of time. I have kept it thus for more than a year in partially filled, loosely stoppered flint glass bottles in a sunny window. In answer to a note on this subject that I wrote for the American Druggist last year,* M. C. Bührer, the editor of the Swiss Journal of Chemistry and Pharmacy, of Clarens-Montreaux, Switzerland, wrote me that 'two conditions are necessary only to get an indefinitely good preparation: first, chemical reaction between the iodine and iron must be well conducted and complete; and secondly, the syrup must be acid. When the syrup is made, add one thousandth part of citric acid dissolved in a little water and mix with the finished syrup. The syrup will then keep for any length of time in the light or dark,' says M. Bührer. Keeping the syrup in the sunlight has proven so entirely satisfactory with me, however, that I have never tried M. Bührer's method, and present it without comment."

* See page 251 of the BULLETIN OF PHARMACY for June, 1899.