WHISKY FOR THE SICK.

Gisborne Times, Volume XXIX, Issue 3356, 24 October 1911, Page 5

WHISKY FOR THE SICK.

ONLY WHEN DOCTORS ORDERS.

POSITION IN DRY DISTRICTS. A WAIHI CHEMIST FINED TWENTY-FIVE POUNDS AND COSTS. to TIMES.) WAIHI. Oct. 20. An interesting case under the Licensing Act wias heard in the Magistrate’s Coui*t on Wednesday, by Mr F. J. Bxugess, S.M., Raymond D. Carder-, of Waihi, chemist, was charged, on the information of Sergeant Wolilmann (1) with illegally selling a bottle of whisky to a Waihi resident-; (2) with illegally selling a bottle of port wine to a Waihi resident; and (3) that between July 4 and October 3, at Waihi, he did unlawfully keep liquor for sale. Inspector Wright- (Thames) prosecuted for the police, and Mr Olendon and. Mr Gibson appeared for tlie defendant. The case is the first of the kind heard in the Dominion, and involves important law points with- regard to the dispensing of alcoholic liquors by chemists in medicinal quantities, and the giving of certificates by doctors relative thereto. Tlie Act provides that it shall not be lawful in a no-license district to keep liquor for sale, but the following section sets forth that a chemist may dispense alcoholic liquors in medicinal quantities, for medicinal purposes, upon a certificate signed by a duly registered medical practitioner. Mr Clendon informed the Court that after consulting with the inspector of police the latter had agreed to withdraw the two informations of illegally selling, and his client would admit a technical breach of the Act in regard to tlie charge of keeping liquor for sale, and i>lead guilty thereto. Counsel said the law was so beset with difficulties that his client had been forced into a plea of guilty. A chemist had to fortify himself with a . certificate from a medical man, the prescription being for medicinal purposes and dispensed in medicinal quantities. The interpretation of the words “medicinal purposes and medicinal quantities,” presented difficulties. A bottle might be prescribed for a person with a weak heart, and it was surprising how many weak-hearted people there were ill Waihi. (Laughter.) A chemist, in addition to being qualified as a chemist, really had to be both a doctor and a very good lawyer. He, himself, was not at all clear that he understood all the qualifications of the legal position. Defendant had undoubtedly committed a breach of tlie Act in supplying liquor on the authority of telephoned orders from medical men, -without any certificate whatever. He had also supplied liquor on a “repeat when necessary” order, a sort of recurring decimal affair. (Laughter.) Tlie Magistrate remarked that an older could only be good once. Counsel proceeded to submit that defendant had been forced into pleading guilty on account of the combination of circumstances against him. There was not a single case, counsel submitted, where defendant had disposed of liquor without the authority of a medical man, and lie would ask His Worship to take a lenient, view of the matter. No trafficking in liquor had taken place. Inspector Wright said he would not in-duly press the charge, as the case was the first of its kind, but he could not agree with counsel for defendant that the offence was only a technical b T each of the Act. He wished to warn thcf-e interested that orders on Id not in future pass muster. A fine of £25 and costs was inflicted.