board of supervisors shall be countersigned by the president of the examining board by which the candidate was examined. Said board of supervisors shall keep records of its proceedings, and such records shall be prima facie evidence of all matters contained therein in all courts in the District of Columbia. Said board of supervisors shall, in the month of July of each year, make to the Commissioners of the District of Columbia a written report of its proceedings, of its receipts and disbursements, and of all licenses and permits issued. All records, funds, and other property in the possession of the commissioners of pharmacy of the District of Columbia at the time of the passage of this Act shall be delivered to such officer, or officers of the board of supervisors in medicine and pharmacy as may be designated by said board. And such funds may be used for the payment of such necessary expenses as said board of supervisors may incur in the execution of the provisions of this Act during the twelve months immediately following the passage thereof, and any balance which remains on hand at the expiration of that time shall be deposited with the collector of taxes in said District and by him deposited in the Treasury of the United States to the credit of the District of Columbia.

SEC. 10. That applicants for license to practice pharmacy and for permits to sell poisons for use in the arts or as insecticides shall pay the following fees: For examination for license as pharmacist, ten dollars; for a permit for the sale of poisons for use in the arts or as insecticides, one dollar, and for each renewal thereof, fifty cents.

And hereafter all fees for licenses to practice medicine and surgery and all fees aforesaid shall be paid to the treasurer of the board of supervisors in medicine and pharmacy of the District of Columbia before any applicant may be admitted to examination and before any license or permit, or any renewal thereof, may be issued by the said board. And all expenses of said board and of the boards of examiners incident to the execution of the provisions of this Act and of an Act to regulate the practice of medicine and surgery, to license physicians and surgeons, and to punish persons violating the provisions thereof in the District of Columbia, approved June third, eighteen hundred and ninety-six, shall be paid from the fees collected by the board of supervisors aforesaid. If any balance remain on hand on the thirtieth day of June of any year the members of said board appointed as such shall be paid therefrom such reasonable amounts as the Commissioners of the District of Columbia may determine. And the balance then in hand, or so much thereof as said board of supervisors may deem proper, shall be divided among the several boards of examiners in proportion to the number of candidates examined by each, each member of such board of examiners to receive such part of the entire amount paid to that board as that board itself may determine.

SEC. 11. That it shall be unlawful for any person, by himself, or by his servant or agent, or as the servant or agent of any other person, or of any firm or corporation, to sell, furnish, or give away any cocaine, salts of cocaine, or preparation containing cocaine or salts of cocaine; morphine, salts of morphine, or preparation containing morphine or salts of morphine; or any opium, or preparation containing opium; or any chloral hydrate, or preparation containing chloral hydrate, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry, or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or, if ordered by a practitioner of veterinary medicine, shall state the kind of animal for which ordered, and shall be signed by the person giving the order or prescription. Such order or prescription shall be, for a period of three years, retained on file by the person, firm, or corporation who compounds or dispenses the article ordered or prescribed, and it shall not be compounded or

dispensed after the first time, except upon the written order of the original prescriber: Provided, That the above provisions shall not apply to preparations containing not more than two grains of opium, or not more than one-quarter grain of morphine, or not more than one-quarter grain of cocaine, or not more than two grains of chloral hydrate in the fluid ounce, or, if a solid preparation, in one avoirdupois ounce. The above provisions shall not apply to preparations sold in good faith for diarrhea and cholera, each bottle or package of which is accompanied by specific directions for use and caution against habitual use, nor to liniments or ointments sold in good faith as such when plainly labeled "for external use only," nor to powder of ipecac and opium, commonly known as Dover's powder, when sold in quantities not exceeding twenty grains: Provided further, That the above provisions shall not apply to sales at wholesale by jobbers, manufacturers, and retail druggists to retail druggists, hospitals, colleges, and scientific or public institutions.

SEC. 12. That no physician in the District of Columbia, knowing, or when he might by reasonable inquiry know, that any person is addicted to the use of cocaine, morphine, opium, or chloral hydrate, shall furnish to or for the use of such person, or prescribe for such person, the drug aforesaid, to the use of which such person is addicted, or any compound thereof, or any preparation containing the same, except as it may be necessary to furnish or prescribe such drug, compound, or preparation aforesaid for the cure of drug addiction aforesaid, or for the treatment of disease, injury, or deformity: Provided, That no physician shall be convicted under the provisions of this section who shows to the satisfaction of the court before which he is tried that, having exercised due diligence and acting in good faith, he furnished or prescribed such drug, compound, or preparation aforesaid believing the same to be necessary for the cure of drug addiction aforesaid, or for the treatment of disease, injury, or deformity, and for no other purpose whatsoever. No dentist shall furnish or prescribe any drug, compound, or preparation aforesaid to, or for the use of, any person not under his treatment in the regular course of his professional work, nor in any case otherwise than may be required by such work. No practitioner of veterinary medicine shall furnish or prescribe any drug, compound, or preparation aforesaid for the use of any human being, or when he has reasonable ground for believing that the drug, compound, or preparation aforesaid is desired or intended for the use of any human being: Provided further, That nothing in this section contained shall be construed to give to dentists or to practitioners of veterinary medicine the right to furnish or prescribe any drug, compound, or preparation whatsoever otherwise than as is usual and customary in the practice of dentistry and veterinary medicine, respectively.

SEC. 13. That it shall be unlawful for any person to sell or deliver to any other person any of the following-described substances, or any poisonous compound, combination, or preparation thereof, to wit: The compounds of and salts of antimony, arsenic, barium, chromium, copper, gold, lead, mercury, silver, and zinc; the caustic hydrates of sodium and potassium, solution or water of ammonia, methyl alcohol, paregoric, the concentrated mineral acids, oxalic and hydrocyanić acids and their salts, yellow phosphorus, Paris green, carbolic acid, the essential oils of almonds, pennyroyal, tansy, rue, and savin; croton. oil, creosote, chloroform, cantharides, or aconite, belladonna, bitter almonds, colchicum, cotton root, cocculus indicus, conium, cannabis indica, digitalis, ergot, hyoscyamus, ignatia, lobelia, nux vomica, physostigma, phytolacca, strophanthus, stramonium, veratrum viride, or any of the poisonous alkaloids or alkaloidal salts derived from the foregoing, or any other poisonous alkaloids or their salts, or any other virulent poison, except in the manner following, and, moreover, if the

applicant be less than eighteen years of age, except upon the written ́ order of a person known or believed to be an adult.

It shall first be learned, by due inquiry, that the person to whom delivery is about to be made is aware of the poisonous character of the substance, and that it is desired for a lawful purpose, and the box, bottle, or other package shall be plainly labeled with the name of the substance, the word "poison," the name of at least one suitable antidote when practicable, and the name and address of the person, firm, or corporation dispensing the substance. And before delivery be made of any of the foregoing substances, excepting solution or water of ammonia, and sulphate of copper, there shall be recorded in a book kept for that purpose the name of the article, the quantity delivered, the purpose for which it is to be used, the date of delivery, the name and address of the person for whom it is procured, and the name of the individual personally dispensing the same; and said book shall be preserved by the owner thereof for at least three years after the date of the last entry therein. The foregoing provisions shall not apply to articles dispensed upon the order of persons believed by the dispenser to be lawfully authorized practitioners of medicine, dentistry, or veterinary surgery: Provided, That when a physician writes upon his prescription a request that it be marked or labeled "poison," the pharmacist shall, in the case of liquids, place the same in a colored glass, roughened bottle, of the kind commonly known in trade as a "poison bottle," and, in the case of dry substances, he shall place a poison label upon the container. The record of sale and delivery above mentioned shall not be required of manufacturers and wholesalers who shall sell any of the foregoing substances at wholesale to licensed pharmacists, but the box, bottle, or other package containing such substance, when sold at wholesale, shall be properly labeled with the name of the substance, the word "poison," and the name and address of the manufacturer or wholesaler: Provided further, That it shall not be necessary, in sales either at wholesale or at retail, to place a poison label upon, nor to record the delivery of, the sulphide of antimony, or the oxide or carbonate of zinc, or of colors ground in oil and intended for use as paints, or calomel, or of paregoric when sold in quantities not over two fluid ounces; nor, in the case of preparations containing any of the substances named in this section, when a single box, bottle, or other package, or when the bulk of one-half fluid ounce, or the weight of one-half avoirdupois ounce, does not contain more than an adult medicinal dose of such substance; nor in the case of liniments or ointments, sold in good faith as such, when plainly labeled "for external use only;" nor in the case of preparations put up and sold in the form of pills, tablets, or lozenges, containing any of the substances enumerated in this section and intended for internal use, when the dose recommended does not contain more than one-fourth of an adult medicinal dose of such substance.

For the purpose of this and of every other section of this Act no box, bottle, or other package shall be regarded as having been labeled "poison" unless the word "poison" appears conspicuously thereon, printed in plain, uncondensed gothic letters in red ink.

SEC. 14. That no person seeking to procure in the District of Columbia any substance the sale of which is regulated by the provisions of this Act shall make any fraudulent representations so as to evade or defeat the restrictions herein imposed.

SEC. 15. That every proprietor or manager of a drug store or pharmacy shall keep in his place of business a suitable book or file, in which shall be preserved, for a period of not less than three years, the original of every prescription compounded or dispensed at such store or pharmacy, or a copy of such prescription, except when the preservation of the original is required by section eleven of this Act. Upon request,

the proprietor or manager of such store shall furnish to the prescribing physician, or to the person for whom such prescription was compounded or dispensed, a true and correct copy thereof. Any prescription required by section eleven of this Act, and any prescription for, or register of sales of, substances mentioned in section thirteen of this Act shall at all times be open to inspection by duly authorized officers of the law. No person shall, in the District of Columbia, compound or dispense any drug or drugs, or deliver the same to any other person, without marking on the container thereof the name of the drug or drugs contained therein, or directions for using the same. SEC. 16. That it shall be unlawful for any person to sell or offer for sale by peddling, or to offer for sale from house to house, or to offer for sale by public outcry, or by vending in the street, any drug, medicine, or chemical, or any compound or combination thereof, or any implement, appliance, or other agency for the treatment of disease, injury, or deformity. That, except as may be otherwise authorized by law, no person shall throw, cast, deposit, drop, scatter, or leave, or cause to be thrown, cast, deposited, dropped, scattered, or left, any drug, medicine, or chemical, or any compound or combination thereof, upon any public highway or place, or, without the consent of the owner or occupant thereof, upon any premises in the District of Columbia.

SEC. 17. That it shall be unlawful for any person not legally licensed as a pharmacist to take, use, or exhibit the title of pharmacist, or licensed or registered pharmacist, or the title of druggist or apothecary, or any other title or description of like import.

SEC. 18. That all persons licensed under this Act as pharmacists, and actively engaged in the practice of their profession, shall be exempt from jury duty in all courts of the District of Columbia.

SEC. 19. That any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment, in the discretion of the court, and if the offense be continuing in its character, each week or part of a week during which it continues shall constitute a separate and distinct offense. And it shall be the duty of the major and superintendent of police of the District of Columbia and of the corporation counsel of said District to enforce the provisions of this Act.

SEC. 20. That all Acts and parts of Acts inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved, May 7, 1906.

[PUBLIC NO. 248.]

By the Act To regulate the keeping of employment agencies in the District of Columbia where fees are charged for procuring employment or situations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DEFINITIONS.

That the term person, used in this and subsequent sections of this Act, means also a corporation, partnership, company, or association. The term employment agent or agency means any person who procures, offers to procure, promises to procure, attempts to procure, or aids

S. Doc. 535, 59-1-34

in procuring, either directly or indirectly, help or employment for another, where any fee, remuneration, profit, or any consideration of any nature whatsoever is promised, paid, or is received therefor, either directly or indirectly. The term fee means every form or nature of fee, remuneration, profit, or consideration promised, paid, or received, directly or indirectly, for any service of whatsoever nature performed, offered to be performed, or promised to be performed by such employment agencies. The term applicant shall mean any person seeking work, employment, or engagement of any legal character. The term applicant for help shall mean any person or persons seeking help, employees, or performers in any legitimate enterprise.

LICENSES.

SEC. 2. That no person shall conduct, temporarily or otherwise, any employment agency or perform any of the acts authorized to be performed by an employment agency in the District of Columbia without procuring a license from the Commissioners of the District of Columbia as herein provided.

APPLICATION FOR LICENSE.

SEC. 3. That an application for a license must be made in writing in the form prescribed by the Commissioners of the District of Columbia, and may be made at any time, and every license shall date from the first day of the month in which it is issued and shall expire on the thirty-first day of October following its issue, unless sooner revoked. Every application for such license shall contain the full name of the applicant therefor, together with his place of residence by street and number if so designated. If the applicant is a corporation, the application must specify the names and like addresses of the president, treasurer, and secretary thereof, or other officers performing corresponding duties and under different names; and the said Commissioners may, in their discretion, require the names and like addresses of all the officers, including the directors, of any corporate applicant for a license. If the applicant is a partnership or unincorporated association, the names and like addresses of all the members thereof must be specified in the application. The application must be subscribed by the applicant or applicants therefor, if natural persons, and if a corporation in the corporate name, by the president or chief officer thereof, attested by the secretary or assistant secretary, with the corporate seal attached, and each application must be acknowledged. Each application must state that the applicant or applicants is or are the person or persons who have the sole beneficial interest in the business established or to be established under said license, and also the place, by street and number and such other description as the Commissioners of the District of Columbia may determine, where it is proposed to conduct such employment agency. The said Commissioners may refuse to receive any application for such license which does not meet the requirements of this section. The Commissioners of the District of Columbia must be satisfied that the applicant is a person of good general character, or, if a corporation, that the officers thereof and those under whose direction the business of the employment agency is to be carried on are persons of good general character, and may for that purpose require any other statements to be made in the application for the license or otherwise which said Commissioners deem necessary. A license fee of twenty-five dollars shall be paid annually, which sum shall accompany each application for a license, which fee shall be returned if the license is not granted. Every application for a license shall be filed not less than one week prior to the granting