in the same manner as any other intoxicating liquor, by requiring the purchaser to apply in writing therefor upon the regular form.

RULE 12. With this official circular will be found the following official forms:

A-Notice of application for permit.

B-Petition for permit.

C-Bond.

D-Permits to buy, keep and sell intoxicating liquors.

E-Request of purchasers. Series A and B.

F-Permit holders' record of purchases, sales and uses.

G-Permit holders' bi-monthly statement to the county auditor of purchases, sales and uses.

H-Permit holders' bi-monthly report and affidavit of request.

These forms have been adopted by the commission, and all pharmacists holding permits to buy, keep and sell intoxicating liquors are required to use forms E, F, G and H.

RULE 13. These rules shall be in force and effect ten days after the date of their publication in the official circular of the commissioners of pharmacy, and when they take effect all previous rules adopted by the commission shall be superseded.

FLETCHER HOWARD,
N. T. HENDRIX,
W. L. LELAND,

Commissioners.

NOTICE TO PHARMACISTS.

For the guidance and information of pharmacists throughout the state, the commissioners desire to call attention to some of the important provisions of the statute.

First.—That none but registered pharmacists can conduct a drug store or pharmacy: they must be the principals and managers of the store in all its management, neither can they allow anyone not registered to sell medicines or poisons, or dispense physicians' prescriptions, except under their direct supervision. (See supreme court decision, State v. Norton, 67 Iowa, page 641). Second.-Sales of medicines and poisons can only be made by a proprietor, principal or clerk who is a registered pharmacist, and who is required to keep a record of all poisons sold, included in schedule A of section 2593 of the code.

Third. The certificates of all registered pharmacists must be conspicuously posted in the place of business or pharmacy which they are conducting, or in which they are employed, with the renewal certificate placed in the lower left hand corner, and change of locality certificate (if they have changed their locality) in lower right hand corner of each certificate, to show to the public that their certificate of registration is in full force and effect.

Fourth.-All registered pharmacists when they change their locality are required to notify the secretary of the commission, and have their change of locality recorded, otherwise they are liable to a fine for each month's delinquency, and when so delinquent their certificates are not in full force and effect.

Fifth.-A registered pharmacist's certificate is regarded in full force and affect," when he holds a renewal of his certificate from March 22d to March 22d of the current year, and change of locality certificate if he has changed his location, unless subsequently forfeited and revoked.

Sixth. -Annual renewals are not required or issued for the first part of a year preceding the 22d day of March; the pharmacist's certificate of registration is evidence that it is in full force and effect from the date of its issuance to the following 22d of March; however, the certified statement up to date of the secretary of the commission of pharmacy, under official seal of said commission, is regarded the best legal evidence as to whether aperson is registered or not.

Seventh.-Registered pharmacists are exempt from jury duty. (see section 333, code of 1897.)

Eighth-The code, section 2593, regulating the sale of poisons, is applicable to all patent preparations and non-secret preparations containing poisons enumerated in schedules "A" and "B."

It is unlawful for any person except a registered pharmacist to sell such preparations for any purpose whatever.

Ninth. The sale of homeopathic medicines, except such as the law denominates proprietary medicines," properly comes under the regulations of the pharmacy law, and all proprietary medicines containing poisons can be sold only by registered pharmacists as provided by the pharmacy law. The sale, therefore, of any quantity of poison or poisonous preparations enumerated in section 2593 of the code, or of proprietary medicines containing such poisons, can only be made by registered pharmacists. In our opinion, a technical construction is warranted in the sale of a single bottle of these remedies (except as provided in section 2593), for notwithstanding the contents of an entire bottle proved harmless, the purchase and use of several bottles of the same might be fatal.

Tenth-It is impossible to keep a correct alphabetical list of names of the pharmacists of the state because of the constant change made in the list; we therefore earnestly request all registered pharmacists when corresponding with the commission to give the number of their certificates as well as their

names.

FLETCHER HOWARD,

N. T. HENDRIX,

W. L. LELAND,

Commissioners.

[Code of 1897, as amended by Twenty-seventh General Assembly, 1898.]

CHAPTER 6.

TO REGULATE THE KEEPING AND SALE OF INTOXICATING LIQUORS BY REGISTERED PHARMACISTS.

SEC. 2385. Permits-Persons holding permits may sell and dispense intoxicating liquors, not including malt liquors for pharmaceutical and medical purposes, and to permit holders for use and resale by them, only for the purposes authorized in this chapter; they may also sell and dispense alcohol for specified chemical and mechanical purposes, and wine for sacramental uses. Registered pharmacists, physicians holding certificates from the state board of medical examiners, and manufacturers of proprietary medicines may buy from permit holders intoxicating liquors (not including malt) for the purpose of compounding medicines, tinctures and extracts that cannot be used as a beverage; but nothing herein contained shall be construed to authorize the manufacture or sale of any preparation or compound, under any name, form or device, which may be used as a beverage, and which is intoxicating in its character.

SEC. 2386. Pharmacists—manufacturers of proprietary medicines-If any such registered pharmacist or manufacturer of proprietary medicines shall sell. barter, give, exchange, dispose of or use intoxicating liquors in any manner or for any purpose other than authorized in the preceding section, he shall be liable to all the penalties and proceedings provided for in this chapter, and upon proof of such violation by a registered pharmacist, the clerk of the district or superior court shall transmit to the commissioners of pharmacy a certified copy of the record thereof within ten days after its entry, and upon receipt of such certified copy said commissioners may strike his name from the list of registered pharmacists and cancel his certificate. The commissioners of pharmacy are empowered to make such further rules and regulations, not inconsistent with law, with respect to the purchase, keeping and use of intoxicating liquors by registered pharmacists and manufacturers of proprietary medicines, as they shall think proper to prevent the abuses of the privilege, and shall revoke the certificate of registration of any pharmacist for repeated violations of this chapter. Said commissioners are authorized to draw from the state treasury an amount not exceeding 50 per cent of the clear proceeds of all fees collected and paid into the treasury of any county on account of violations of the provisions of this chapter or the chapter regulating the practice of pharmacy, prosecuted by the commissioners, the amount so drawn to be used solely in prosecutions instituted by them for failure to comply with the provisions of such chapters. The court or clerk thereof, before whom any prosecution is instituted or prosecuted by the commissioners of pharmacy, shall certify to the auditor of state all such

cases, and the amount of fees imposed and collected therein. The expenses thus incurred by the commision shall be audited by the executive council, and the amount thereof shall be drawn from time to time upon the warrants of the state auditor.

SEC. 2387. Application for permit. —All applications for a permit to sell intoxicating liquors for the purposes allowed in this chapter shall be by petition, signed and sworn to by the applicant, and filed in the office of the clerk of the district or superior court of the county or city in which the buying and selling is to be carried on at least ten days before the term at which the matter is to be for trial, which petition shall set out the name of the applicant. his residence and business and that for the two previous years, the place, particularly describing it, where the business is to be conducted, that he is a citizen of the United States and of this state, that he is a registered pharmacist, that now and for the six months last past he has been lawfully conducting a pharmacy in the township, town or city wherein he proposes to engage in the business under the permit applied for, that he has not been adjudged guilty of any violation of the law relating to intoxicating liquors within the two years next preceding the making of his application, is not the keeper of a hotel, eating house, saloon, restaurant or place of public amusement, and that he is not addicted to the use of intoxicating liquors as a beverage, and desires a permit to buy, keep and sell liquors for lawful purposes only. If the applicant has previously held a permit which has been revoked, his petition, in addition to the foregoing requirement, shall state that he has not, within the last two years next before making the application, knowingly been engaged, employed or interested in the unlawful manufacture, sale or keeping with intent to sell of intoxicating liquors.

SEC. 2388. Notice. -Notice of an application for a permit must be published for three consecutive weeks in a newspaper regularly published and printed in the English language, and of general circulation in the township, town or city where the applicant proposes to conduct the business, or, if none be regularly published therein, then in one of the papers selected by the board of supervisors for the publication of its proceedings, the last publication of which shall be not less than ten nor more than twenty days before the first day of the term at which the hearing is to be had. This notice shall state the name of the applicant, with the firm name, if any, under which he is doing business, the purpose of the application, the particular location of the place where the proposed business is to be carried on, and that the required petition is or will be on file in the clerk's office of the court (naming it) at least ten days before the first day of the term (naming it) when the application will be made. A copy of such notice shall be served upon the county attorney in the same manner and for the same length of time as is required of original notices in said courts.

SEC. 2389. Hearing-remonstrances,-Upon the returndayof the notice, the court having, from an inspection of the record, ascertained that due and timely service thereof has been made, shall, if no remonstrance has been or is offered to be filed, unlsss for cause postponed to some other day in the term, proceed to hear and try the application. Any remonstrance against or objection to the granting of the permit must be in writing and filed in the clerk's office by noon of the first day of the term, ueless further time be given, and shall be so filed before the date fixed for the trial. Such remonstrance