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Reports - Report of the International Opium Commission

February 5th, 1909.

MR. PRESIDENT :

The American Opium Commission presents its Report on the Opium Question as it affects our States, Territories and the District of Columbia and the Possessions under our flag.

We propose to deploy our data under the following heads:—

NATIONAL.

TREATIES, with other Governments engaging us in regard to opium traffic.
TARIFFS, under which we import opium into the United States, its Territories and the District of Columbia.
EXCISE LAII S, governing the manufacture of Smoking Opium.
STATUTES, that restrain our citizens from engaging in the Opium trade.
EFFECT, of our Treaties and Tariffs on our trade in Opium.
OUR OPIUM, and where we get it.
SMOKING OPIUM, and our Chinese population.
GROWTH, of the Poppy within the United States, its Territories and the District of Columbia. DISPOSITION, of our imported Opium.
FEDERAL LAI\ S, governing the use of Opium and its derivatives.
STATE LAWS, governing the use of Opium and its derivatives.
MUNICIPAL LAWS, governing the use of Opium and its derivatives.
FINAL DESTINATION, of our Opium imported ostensibly for medicinal purposes. FINAL DESTINATION, of our imports of Smoking Opium.
RECENT EFFECT, of our National, State and Municipal laws bearing on Opium and its derivatives.
REVENUE, derived from import and excise duties on Opium. PRESENT STATUS, of our laws on Opium of various sorts. PORTO RICO.
CUBA.
INTERNATIONAL, needs to make our recent law effective.

THE PHILIPPINES.

TREATIES.

Our country has two treaties with China that engage us in regard to opium and its derivatives :

CHINA.

(1) The "Immigration and Commercial Treaties between the *United States and China " of 1880. Article II of the "Commercial Treaty " stipulates that :

"The Governments of China and of the United States mutually agree and undertake that Chinese subjects shall not be permitted to import opium into any of the ports of the United States; and citizens of the United States shall not be permitted to import opium int0 any of the open ports of China, to transport it from one open port to any other open port, or to buy and sell opium in any of the open ports of China. This absolute prohibi-tion, which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either power, and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States; and the benefits of the favored nation clause in existing treaties shall not be claimed by the citizens or subjects of either power as against the provisions of this article.

It will be seen from this Article II of the " Commercial Treaty " of 188o, that the two Governments concerned undertook without any limitation or qualification whatever, to forbid the importation of opium into the United States by Chinese subjects ; the importation by American citizens of opium into any of the open ports of China, or its transportation from one open port to another, or the buying or selling of opium in any such open ports, etc. When this Article was negotiated it was recognized by both parties that it would be necessary for the United States in Congress assembled to pass a statute providing for the trial and punishment of its citizens offending against the provisions of this treaty. In 1887 Article II of the Treaty of 188o was made effective when Congress passed the following statute:—

AN ACT TO PROVIDE FOR THE EXECUTION OF THE PROVISIONS OF ARTICLE TWO OF THE TREATY CONCLUDED BETWEEN THE UNITED STATES OF AMERICA AND THE EMPEROR OF CHINA ON THE SEVENTEENTH DAY OF NOVEMI3ER, EIGHTEEN HUN-DRED AND EIGHTY, AND PROCLAIMED BY THE PRESIDENT OF THE UNITED STATES ON THE FIFTH DAY OF OCTOBER, EIGHTEEN HUNDRED AND EIGHTY-ONE
(Act of February 23rcl, 1887, ch., 210, 24 Stat. L. 409.)

(Sec. I) (Importation of opium by Chinese prohibited.) That the importation of opium into any of the ports of the United States by any subject of the Emperor of China is hereby prohibited. Every person guilty of a violation of the preceding provision shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars nor less than fifty dollars, or by imprisonment for a period of not more than six months nor less than thirty days, or by both such fine and imprisonment, in the discretion of the court. (24 Stat. L. 4o9.)

(Sec. 2) (Forfeiture.) That every package containing- opium, either in whole or in part imported into the United States by any subject of the Emperor of China, shall be deemed forfeited to the United States; and proceedings for the declaration and consequences of such forfeiture may be instituted in the courts of the United States as in other cases of the violation of the laws relating to other illegal importations. (24 Stat. L. 409.)

"Sec. 3. (Citizens of United States prohibited from traffic in opium in China—punishment—jurisdiction—forfeiture.) That no citizen of the United States shall import opium into any of the open ports of China, nor transport the same from one open port to any other open port, or buy or sell opium in any of such open ports of China, nor shall any vessel owned by citizens of the United States, or any vessel, whether foreign or otherwise, employed by any citizen of the United States, or owned by any citizen of the United States, either in whole or in part, and employed by persons not citizens of the United States, take or carry opium into any of such open ports of China, or transport the same from one open port to any other open port, or be engaged in any traffic therein between or in such open ports or any of them. Citizens of the United States offending against the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars nor less than fifty dollars, or by both such punishments, in the discretion of the court. Consular courts of the United States in China, concurrently with any district court of the United States in the district in which any offender may be found, shall have jurisdiction to hear, try, and determine all cases arising under the foregoing provisions of this section, subject to the general regulations provided by law. Evegy package of opium or package containing opium, either in whole or in part, brought, taken, or transported, trafficked, or dealt in contrary to the provisions of this section, shall be forfeited to the United States, for the benefit of the Emperor of China ; and such forfeiture, and the declaration and consequences thereof, shall be made, had, determined, and executed by the proper authorities of the United States exercising judicial powers within the Empire of China. (24 Stat. L. 09.) "

Article II of the Treaty of 188o and the statute passed in conformity with it, still remain in force.

The last treaty with China in which opium or its derivatives is mentioned is the " Treaty as to Commercial Relations," concluded October Sth, 1903, and proclaimed January 13th, 1904. Article XVI of that treaty is as follows :

"The Government of the United States consents to the prohibition by the Govern-ment of China of the importation into China of morphia anc-I of instruments for its injection, excepting morphia and instruments for its injection imported for medical purposes, on payment of tariff duty, and under regulations to be framed by China which shall effectually restrict the use of such import to the said purposes. This prohibition shall be uniformly applied to such importation from all countries. The .Chinese Government undertakes to adopt at once measures to prevent the manufacture in China of morphia and of instruments for its injection."

All Powers have adhered to the morphia clause in this "Commercial Treaty" and it went into effect January 1st of the current year.

KOREA.

We have one other treaty with a Foreign Power covering opium, namely, with Korea, In our first treaty with Korea a " Treaty of Peace, Amity, Commerce and Navigation," concluded Mav 22nd, 1882, and proclaimed June 4th, 1883, it was stipulated in Article VII :

" The Governments of the United States and of Chosen mutually agree and undertake that subjects of Chosen shall not be permitted to import opium into any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of Chosen, to transport it from one open port to another open port, or to traffic in it in Chosen. This absolute prohibition which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, and to vessels owned by the citizens or subjects of either Power and employed by other persons for the transportation of opium, shall be enforced by- appropriate legislation on the part of the United States and of Chosen, and offenders against it shall be severely punished."

TARIFF LAWS ON OPIUM TO 1861.

THEREAFTER ON CRUDE OPIUM FOR MEDICINAL PURPOSES.

Mr. President, we think we can more readily explain our tariff laws governing the importation of opium if the International Commission has before it a table compiled by our Commission.

This table is concise as to our importation of different forms of opium and morphia, and the various duties imposed on all of them. It also presents features which will be referred to later.

It will be seen by this table that our first tariff record of the importation of opium of any sort was in 184o. Before 184o there is no mention in our tariff laws of opium or its derivatives or preparations. Opium, its derivatives, and preparations, were up to 184o admitted under the general title of " Drugs, chemicals, etc." In 184o, however, the attention of our Cong-ress was engaged to the large amount of opium then passing into the country, and it was discovered that, coincident with the influx of Chinese coolies to our Pacific Coast, a large amount of opium was entering the country. Opium was therefore (in 184o) taken out of the schedule of " Drugs and chemicals" and placed in a schedule of its own, and was put on the free list. No distinction was made at this time between crude opium imported ostensibly for medicinal purposes, morphia and its salts, and smoking opium.

It will be seen by the Table that, up to the enactment of our tariff of 1842, a considerable amount of opium entered the country. By the tariff of 1842, an ad valorem tax of 15 cents per pound was imposed and, in anticipation of it, it will be seen that in the year 1841, 135,00o pounds of opium entered the country. This large importation would appear to have been a speculative attempt to escape the 15 cts. per pound duty that was to be imposed the following year.

In 1846 a new tariff law came into operation. Opium was made to pay 2o per cent ad valorem and, as in 1841, so in 1850, in anticipation of the imposition of a higher ad valorem duty, there was again a speculative importation of a large amount of opium: 116,390 pounds. It will be seen by the Table that, in the following- years, 1851 and 1852, our importations fell off considerably. No doubt there was enough opium in the country to satisfy both licit and illicit needs.

So far as we can learn, the only object in imposing these ad valorem duties on opium was revenue needs.

It was found, however, by 1861 that it was no longer possible to collect an ad valorem rate on opium, for shippers were willing to make invoices to please buyers. A specific duty of $1.00 per pound was therefore placed on opium.

In the tariff of 1861 the distinction of crude opium, smoking opium and morphia or its salts was first made.

In our tariff laws of 1862 crude opium was taxed $2.00 a pound, and in 1864, $2.5o a pound. Undoubtedly this was primarily to produce an increased war revenue, our Civil War being waged at that ptriod.

In our tariff of 1870 a reduction of the duty on opium was made from $2.5o to r.00 a pound. That was but an expression of the general reduction in our tariff after the Civil War.
In r894 opium was put on the free list, but in our last tariff of 1897, it was again taxed $1.00 a pound.

TARIFF LAWS ON SMOKING OPIUM.

It will be noticed in the Table that by 1859 our imports of opium had reached an immense figure. It was discovered about the fifties that a large percentage of the opium imported in previous years was not crude opium imported for medicinal purposes, but largely consisted of smoking opium imported into San Francisco and other Pacific ports 1,vith the primary intention of supplying the Chinese.

In our tariff of 186r smoking opium was therefore removed from the opium schedule and placed in a schedule by itself, and taxed as opium prepared for smoking-. A larg-e ad valorem duty was placed upon this smoking opium. We shall explain later, when we come to speak of the effect of our tariff laws on importations of opium, that the importations varied considerably, due to the fact that smoking opium could not stand the high tax imposed.

Our people and Congress, realizing the iniquity of opium smoking, in the tariff laws of 1864 put a roo per cent ad valorem duty on smoking opium; hoping thereby to keep it (Art of the country. This method, however, of taxing an undesirable commodity out of the country, proved to be a failure. The only result was smuggling on an enormous scale, the enterprises being led by Chinese and by many of our "undesirable citizens." Reports from our various Collectors of Customs proved that smoking opium could not bear a tax of more than $6.00 per pound, and in our tariff law of 187o a $6.00 per pound duty was placed on it.

During the discussion of our next two tariffs there was a popular demand for the exclusion of smoking opium from our tariff schedules. This was largely due (1) to the fact that we had negotiated the treaty of 188o with China, which prohibited Chinese in the United States from importing opium; and (2) because the American people began to realize that the habit of opium smoking was spreading from the Chinese to our own American people.

Ten dollars and then twelve dollars per pound was imposed upon smoking opium; but here the old difficulty arose. It was again found that it could not bear a tariff of ten or twelve dollars a pound, and as the Table will show, though there was a considerable reduction in the amount of smoking opium entered at our Customs Houses, quite as much again or more was smuggled into the country.

Finally, in our so-called "McKinley Tariff" of 1897 after much correspondence with our Collectors of Customs, the tax on smoking- opium was reduced to $6.00 per pound, and there it has remained until to-day.

MORPHIA AND ITS SALTS.

We need not go into detail in regard to the tariff on morphia and its salts. It will be sufficient to state that the amounts shown in the Table as imported were not beyond the medicinal needs of our country up to the time, about 1890, when our manufacturers began to manufacture morphia profitably. Since then practically no morphia has entered the United States. The drugs classified as "Morphia or its Salts" are the rarer and more recently precipitated derivatives of opium, such as " heroin " and "codeine"; so that our importations of morphia and its salts are negligible.

LAST TARIFF COVERING OPIUM, MORPHIA, ET CETERA.

The following is the last tariff law covering the importation of various forms of opium, approved July 24, 1897:—

- Section 43. Opium, crude or unmanufactured, and not adulterated, containing nine per centum and over of morphia, one dollar per pound ; morphia or morphine, sulphate of, and all alkaloids or salts of opium, one dollar per ounce; aqueous extract of opium, for medicinal uses, and tincture thereof, as laudanum, and other liquid preparations of opium, not specially provided for in this Act, forty per centum ad valorem ; opium containing less than nine per centum of morphia, and opium prepared for smoking, six dollars per pound ; but opium prepared for smoking and other preparations of opium deposited in bonded warehouses shall not be removed therefrom without payment of duties, and such duties shall not be refunded."

EXCISE LAWS.

We have but one Internal Revenue Law that covers opium, a law that was approved October 1st, 1890. It is as follows:—

" Sec. 36. That an internal revenue tax of ten dollars per pound shall be levied and collected upon all opium manufactured in the United States for smoking purposes; and no person shall eng-age in the manufacture who is not a citizen of the United States and who has not given the bond required by the Commissioner of Internal Revenue.

" Sec. 37. That every manufacturer of such opium shall file with the collector of internal revenue of the district in which his manufactory is located such notices, inventories, and bonds, shall keep such books and render such returns of material and products, shall put up such signs and affix such number to his factory, and conduct his business under such surveillance of officers and agents as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation, require. But the bond required of such manufacturer shall be with sureties satisfactory to the collector of internal revenue and in a penal sum of not less than five thousand dollars; and the sum of said bond may be increased from time to time and additional sureties required at the discretion of the collector and under instructions of the Commissioner of Internal Revenue.

"Sec. 38. That all prepared smoking opium imported into the United States shall, before removal from the custom house, be duly stamped in such manner as to denote that the duty thereon has been paid; and that all opium manufactured in the United States for smoking purposes, before being removed from the place of manufacture, whether for consumption or storage, shall be duly stamped in such permanent manner as to denote the payment of the internal revenue tax thereon.

" Sec. 39. That the provisions of existing laws governing the engraving-, issue, sale, account-ability, effacement, cancellation and destruction of stamps relating to tobacco and snuff, as far as applicable, are hereby made to apply to stamps provided for by the preceding section.

" Sec. 40. That a penalty of not more than one thousand dollars, or imprisonment not more than one year, or both, in the discretion of the court, shall be imposed for each and every violation of the preceding sections of this act relating to opium by any person or persons; and all prepared smoking opium wherever found within the United States without stamps required by this act shall be forfeited."

It will be seen by this law that an internal revenue tax of $10.00 per pound was imposed on smoking opium manufactured in the United States, its Territories and the District of Columbia, and that the manufacture was restricted to citizens of the United States.
We are glad to be able to state that no citizen has taken advantage of this law, and that not a pound of smoking opium has been licitly manufactured within the United States since the beginning of our government.

STATUTES IN RESTRAINT OF OPIUM TRAFFIC.

We have one other law besides that which made the American-Chinese Treaty effective, which imposes restrictions on our citizens as to the opium trade, namely :

" AN ACT TO PREVENT THE SALE OF FIREARMS, OPIUM, AND INTOXICATING

LIQUORS IN CERTAIN ISLANDS OF THE PACIFIC.
(Act of Feb. 14, igo2, ch. 18, 32 Stat. L. 33.)

" Sec. 1. (Sale of arms and intoxicants to Pacific Islands aborigines forbidden.) That any person subject to the authority of the United States who shall give, sell, or otherwise supply any arms, ammunition, explosive substance, intoxicating liquor, or opium to any aboriginal native of any of the Pacific islands lying within the twentieth parallel of north latitude and the fortieth parallel of south latitude and the one hundred and twentieth meridian of longitude west and one hundred and twentieth meridian of longitude east of Greenwich, not being in the possession or under the protection of any civilized power, shall be punishable by imprisonment not exceeding three months, with or without hard labor, or a fine not exceeding fifty dollars, or both. And in addition to such punishment all articles of a similar nature to those in respect to which an offense has been committed found in the possession of the offender may be declared forfeited. (32 Stat. L. 33.)

Sec. 2. (Medical use excepted.) That if it shall appear to the court that such opium, wine, or spirits have been given bonâ fide for medical purposes it shall be lawful for the court to dismiss the charge. (32 Stat. L. 33.)

" Sec. 3. (Deemed an offense on high seas.) That all offenses against this Act committed on any of said islands or on the waters, rocks, or keys adjacent thereto shall be deemed committed on the high seas on board a merchant ship or vessel belonging to the United States, and the courts of the United States shall have jurisdiction accordingly. (32 Stat. L. 33.)"

So much for our Treaties and Federal Statutes covering the opium question.

EFFECT OF OUR TREATIES, TARIFF, STATUTES, ETC.

What has been the effect of our Treaties and Tariff laws on the imports and exports of opium and its derivatives ? The Table will show it at a glance.

First as to Gum or Crude Opium for Medicinal purposes.

It will be seen that since 184o, in ten-year periods, there has been a large and progressive increase in our importations of this form of opium. Be it under a small ad valorem tax or a high specific tax, or be it on the free list, our imports of crude opium have grown.
Between 1840 and 184i the imports are largely estimated. But I have it from our Collectors of Customs that we can add another zo per cent. to the importations of that decade.

There is nothing to be remarked on the importations of the second decade from i850 to 1859.

In the third decade from 186o to 1869, we may say that our imports for that decade are estimated. The first four years of this decennium marked our Civil War and our Federal statistics do not record the opium that entered the Southern ports during those years. Undoubtedly the amount was large and would considerably swell the total of 1,10.3,054 pounds for the decade we are reviewing.

From 1870 to the present time, our statistics for crude opium may be accepted as representing the amount of opium that actually entered the country. They are net figures, for but little crude opium is re-exported from the United States.
Now, Mr. President and Fellow Commissioners, if we turn for a moment to the right hand columns of the Table, it will be seen that we have tabulated our population according to decades,—Chinese in one and all others in another column. The percent increase of population, per decade, has been reckoned, and the percent increase per decennary in our importations of crude opium.

PROPORTIONATE INCREASE IN IMPORTS OF CRUDE OPIUM.

Our importations of crude opium have not grown pari passu with our growth in population. We think it will be seen at once that this is so. In 1860 our total population increased 34 per cent. over the previous decade, while our importation of crude opium increased It should, perhaps, be 25 per cent. rather than 12.6 per cent., because, as the only i2.6 per cent. Commission will see, only light importations were,recorded due to the close of the Southern ports from 1861 to 1865.

In the next decade our population increased 2 2 per cent. and our importations of crude opium 74.6 per cent.

In 188o the proportionate increase in our population was 30 per cent. ; of crude opium 70.5 per cent.

In 189o, there was a 26 per cent. increase in population as against 56 per cent. increase in the imports of crude opium.

PROPORTIONATE INCREASE IN IMPORTS OF SMOKING OPIUM.

Now, Mr. President and Fellow Commissioners, as to the question of our importation of smoking opium.

As I stated in reviewing our tariff laws, we rnay add a considerable amount of smoking opium to the figures that are in the Table. It will be interesting now to see the proportionate rate of increase in our importations of smoking opium as compared with the proportionate increase in our Chinese and total population.

In 186o, it will be observed we had a Chinese population of slightly over 34,000. By IS7o that population had doubled, and as against 22 per cent. increase in our total population over that recorded in the previous census, we had an 88 per cent. increase in our importations of smoking opium. This, let us remind you, takes no account of the large quantities that we know were smuggled, but only of the importations recorded in the Table as having been legally entered at our Customs stations.

Ten years later 1880) we get to a period in our history when the agitation began against the immigration of Chinese coolies. Our Immigration Treaty with China was necrotiated in 1880.

The Table will show that since then our Chinese population has remained practically stationary. The increase recorded since then shows not an increased immigration into the United States, but a Chinese population that accrued to us as a result of the purchase of Alask-a and the annexation of Hawaii. In spite of the fact, however, that our Chinese population remained practically stationary, we find in 19oo a 26 per cent. increase in our total population and in the Table 7.6 per cent. increase in our importations of smoking opium. It might appear from the Table, if not carefully examined, that we had a decided fall in the percentage of increase in smoking opium at this census period. But it will be noticed that it was at this period that we had what was considered a prohibitive tariff on smoking opium,—$Io.00 and $12.00 a pound. The legalized importations fell off considerably, but we are informed by our Treasury Department that we may add to the figures from 1885 to 1896 at least 75 per cent as representing the amount of smoking opium smuggled into the country. The proportionate increase of smoking opium in i9oo should therefore more properly read 76 per cent rather than 7.6 per cent. With this explanation we propose to let the figures stand as in the Table.

By i9oo our percentage of increase in population over our population as shown in the census of 1890 was 2 per cent. as against 32 per cent. increase in our importation of smoking opium.

To review this phase of the subject hastily: In every census period we have had a per cent., increase in our importation of smoking opium, largely in excess of the per cent., increase in our population, and this in spite of the fact that our Chinese population has been practically stationary for thirty years.

WHERE DOES OUR OPIUM ORIGINATE?

We may state in passing to another phase of our opium question, that our crude opium imported ostensibly for medicinal purposes comes to us directly or indirectly from Smyrna and a few other Levantine ports. On the other hand, our smoking opium comes principally from Macao, and in some quantity from Hongkong.

It may be asked why, in view of our Treaty of 1880 with China forbidding citizens of the United States to engage in the opium trade in China and forbidding Chinese subjects to import smoking opium or manufacture it in the United States, we have continued to import smoking opium. We are informed that at the time this treaty was negotiated our State Department hoped that no American citizen would engage in the importation of smoking opium. Unfortunately, this has not been the case and up to to-day it has been the practice of American firms in San Francisco to import this smoking opium in their own names and than promptly hand it over to the real importers, certain Chinese firms on our Pacific Coast.

SMOKING OPIUM AND OUR CHINESE POPULATION.
Mr. President, it may be thought, in view of the fact that we have made a comparison between our present increase in importations of smoking opium and our Chinese population that the use of smoking opium is wholly confined to the Chinese element in our population. This is not so, however.

From a careful inquiry made in all the large Chinese communities in the United States, we have the following estimates as to the percentage of Chinese who smoke opium.

OPIUM SMOKED IN THE UNITED STATES BY CHINESE.

shanghai001

That is, from io tO 20 per cent. of our Chinese are habitual smokers and we may accept 2 mace per day as the average amount consumed by these habitués. Taking an average of 15 per cent. of heavy smokers at two mace a day, we would have as shown by the above table, 17,70o Chinese smoking 6 pounds of opium per annum, a total of Io6,20o pounds.

Light smokers, that is those who smoke when from illness they feel the need of it, say once a day or twice a week, would consume an average amount of about half a mace a day. /o per cent. of light smokers would give us 23,600 Chinese in this class. That would account for a per annum, per capita consumption of pounds, or a total of 35,400 pounds of smoking opium.

It developed in the course of our inquiry that amongst the Chinese population there is another class of smoker. We have classified this third class as the "Social Smoker," and we are quite within the case if we state that they represent io per cent. of our total Chinese population. A liberal estimate for each individual in this class is one ounce per annum. Chinese in this class confine their smoking to holidays and to ceremonial occasions, and smoke as a matter of courtesy only. This class represents say io per cent. of our Chinese population, a total of ',Soo Chinese who smoke one ounce of opium per annum, or a total of 718 pounds per annum. These smokers of different classes account for 142,338 pounds of the '52,944 pounds of our average importations for the past eight years.

This leaves 9,6o6 pounds of smoking opium not accounted for, and to it we must add an estimated, but large amount surreptitiously manufactured in the United States, and the-larger amount known to be smuggled annually. Not to depend on the figures of our Commission in the matter of this smuggled opium, it might be well to bring in the evidence of a fellow Commissioner who represents a great daughter nation of Great Britain in this. International Commission.

The Hon. Mackenzie King found in the course of his investigation of the opium question in Canada that in the coast cities of Vancouver, Victoria and New Westminster, there were at least seven factories carrying on an extensive business in the manufacture of smoking opium. He stated in his published report that it was estimated that the annual gross receipts of these combined concerns amounted for the year 1907 to between $600,000 and $650,000. Crude opium, he found, was imported from India in cocoanut shells, and was then. manufactured into smoking opium ; that these factories were owned and these manufactures. carried on by Chinese ; and that it was asserted by the owners of these establishments that all of the opium manufactured is consumed in canada by Chinese and white people ; but he himself concluded that there is strong reason for believing that much of what is produced at the present time is smuggled into China and the coast cities of the United States.

We will not at this moment enter into the question as to what becomes of the smoking. opium imported and smuggled into our country and not consumed by the Chinese.

GROWTH OF POPPY.

Before dwelling on the disposition of the vast amount of opium which we iinport, it may be well to state that within the United States itself we have no growth of the poppy that need be seriously considered, except in one State. The poppy in the State of California is quite extensively grown for its seed; the seed, of course, being used by our Syrian and other semi-Oriental population as a food, and the oil expressed from the seed used to adulterate other oils. Except in a few instances where physicians have experimentally endeavored to grow the poppy for opium, none of our people have been engaged in the growth for that purpose.

However, our Ag-ricultural Department has within the last few years grown the poppy, the object in view being to ascertain the practicability of obtaining from the ciried capsule walls, morphia, codeine and other alkaloids 110W obtained from opium; and they have succeeded.
The total amount grown last rear covered six acres and yielded 9,600 pounds of dried capsules.

DISPOSITION OF OUR IMPORTED OPIUM.

What becomes of the vast amount of crude and smoking opium imported into the United States ? First, to explain how we arrived at the facts that we are about to lay before the Commission.

Under our Federal system of Government we are at an advantag-e in getting out data of this sort. Our Government Departments cover in their operation the entire country, and work-ing together they may collect and collate all data on any problem that affects us. In addition to them and subordinate to them there are our State Governments covering part of the statistical ground already covered by our Federal Departments, and in addition covering that part of any field of inquiry not covered by our Federal Departments of Government. So that, in this opium inquiry, we had intersecting Federal and State channels all pouring their data into our office at the State Department.

In addition to tapping all Federal and State sources of information, we had the benefit of the experience and advice of over twelve hundred of our most learned physicians and surgeons ; the views of the heads of our American Medical Association and the heads of its State branches ; of the heads of our Association of American Physicians and of the Association of American Surgeons. But in many ways the most important gr,uicles to our securing facts were those gentlemen who have been engaged in opium brokerage, or in the manufacture and distribution of opium derivatives such as morphia, and products such as laudanum.

The social side of the opium problem was investigated by personal inquiry of those who throughout the country were best able to inform us. We do not think that a stone was left unturned that might conceal a fact of which this International Commission ought to know.
Our Commission wishes to acknowledge the frankness that met all of its inquiries, and the fine spirit that animated all organizations and individuals in communicating to us informa-tion and trade statistics.

FEDERAL LAWS.

On the 1st of January, 1907, there was put into effect our " National Food and Drugs Act," passed June 3oth, 1906.

The only part of that law which affects our present subject is Section 2, which states:

" That the introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country of any article of food or drugs which is adulterated or misbranded, within the meaning of this act, is hereby prohibited " ;

And then the Act goes on to define adulterated and misbranded drugs, and states fines, punishments, etc.

In regard to adulteration ; Section 7 states :-

" That for the purposes of this act an article shall be deemed to be adulterated : " In case of drugs": (and this includes opium)

" First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid clown in the United States Pharma-copoeia or National Formulary official at the time of investigation. P rovidea' , that no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the bottle, box or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary."

In regard to misbranding, Section 8 of the Act states as follows :

" That the term misbranded ' as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced.

" That for the purposes of this Act an article shall also be deemed to be misbranded: " In the case of drugs :

" First. If it be an imitation of or offered for sale under the name of another article.

" Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any . . . morphine, opium, . . . heroin, . . . or any derivative or preparation of any such substances contained therein."

Without going into details, it will be sufficient to state that since the National Food and Drugs Act was passed, all of our States have remodelled or passed " State Food and Drug Acts" based on the provisions of the National Act.

STATE LAWS.

Some states have gone farther in the regulation of the sale of drugs. In addition to this Federal law, all but three states in our Union have State laws governing the sale of poisons and governing the sale and use of smoking opium. We will present those portions of the Massachusetts State Law as an illustration of what obtains in other states. The Massachusetts law may be taken to represent all such State laws :

" Sec. 42. Whoever opens or maintains a place to be resorted to by other persons, in which opium or any of its preparations is sold or given away to be smoked at such place, whoever at such place sells or gives away opium or any of its preparations to be there smoked or otherwise used and whoever visits or resorts to any such place for the purpose of smoking- opium or any of its preparations shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

Sec. 43. If a person makes oath before a police, district or municipal court or trial justice that he believes or has probable cause to believe that any place, house, building or tellement within the jurisdiction of such court or justice is used or resorted to for the purpose of smoking opium or any of its preparations, or for the purpose of selling or giving away opium or any of its preparations to be smoked at such place, house, building or tenement, and that persons resort thereto for such purposes, such court or trial justice, whether the names of the persons last mentioned are known or unknown to the complainant, shall, if satisfied that there is probable cause therefor, issue a warrant commanding the sheriff or his deputy or any constable or police officer to enter such place, house, building or tenement and there to arrest the keepers thereof, and all persons there present, whether stnoking or not, if the implements for smoking opium or any of its preparations are there found, and seize all the opium or preparations thereof and all the implements for smoking the same and all the furniture, fixtures and other personal property there found, and to keep said persons, opium, preparations thereof, imple-ments, furniture, fixtures and property so that they may be produced before a court or magistrate, to be dealt with according to law. Whoever is found so present or so smoking shall be punished by a fine of not more than one hundred dollars for each offence. The provisions of sections three to eight, inclusive, of chapter 217 relative to articles seized under clause eleven of section one of said chapter shall apply to all opium, preparations thereof, implements, furniture, fixtures and property so seized.

"Sec. 44. An officer who makes a search under the provisions of the preceding section shall not be permitted to use any evidence of any crime, except that of opium smoking, which he may discover, in making further prosecutions against the persons whose premises are searched.

" CHAPTER 213, REVISED LAWS OF MASSACHUSETTS.

Sec. 2. Whoever sells arsenic (arsenious acid), atropia or any of its salts, chloral hydrate, chloroform, cotton root and its fluid extract, corrosive sublimate, cyannide of potassium, Donovan's solution, ergot and its fluid extract, Fowler's solution, laudanum, McMunn's elixir, morphia or any of its salts, oil of pennyroyal, oil of savin, oil of tansy, opium, Paris green, Parson's vermin exterminator, phosphorus, prussic acid, rough on rats,' strychnia, or any of its salts, tarter emetic, tincture of aconite, tincture of belladonna, tincture of digitalis, tincture of nox vornica, tincture of veratrum viride, or cabolic acid,. without the written prescription of a physician, shall affix to the bottle, box or wrapper containing the article sold a label of red paper upon which shall be printed in large black letters the name and place of business of the vendor and the words Poison and Antidote,. and the label shall also contain the name of an antidote, if any, for the poison sold. He shall also keep a record of the name and quantity of the article sold and of the name and residence of the person or persons to whom it was delivered, which shall be made before the article is delivered and shall at all times be open to inspection by the officers of the district police and by the police authorities, and officers of cities and towns ; but no sale of cocaine or its salts shall be made except upon the prescription of a physician. Whoever neglects to affix such label to such bottle, box or wrapper before delivery thereof to the purchaser or whoever neglects to keep or refuses to show to said officers such record or whoever purchases any of said poisons and gives a false or fictitious name to the vendor shall be punished by a fine of not more than fifty dollars. The provisions of this section shall not apply to sales bv wholesale dealers or manufacturing chemists, to retail dealers, or to a genera-1 merchant who sells Paris green, London purple or other arsenical poisons in unbroken packages containing not less than one-quartet- of a pound, for the sole purpose of destroying potato bugs or other insects upon plants, vines, or trees except that he shall record each sale and label each package sold, as above provided."

The following are the New York statutes relating- to the use of opium and its. derivatives:—

"Sec. 4o5 of the Penal Code of the State of New York, REGULATIONS AS TO. PRESCRIPTIONS OF OPIUNI AND MORPHINE.' person who, except on written or verbal order of a physician, refills more than once prescriptions containing opium,. morphine or preparations of either, in which the dose of opium exceeds one-fourth grain or morphine one-twentieth g-rain is guilty of a misdemeanor.

Sec. 2 IS of the Public Health Law.    PRESCRIPTION OF OPIUM, MORPHINE, COCAINE AND.
CHLORAL.' No pharmacist. druggist, apothecary or other person shall refill more than once, prescriptions containing opium or morphine or preparations of either of them or cocaine or chloral, in which the dose of opium shall exceed one-quarter of a grain, or of morphine one-twentieth of a grain, or of cocaine one-half of a grain, or of chloral ten grains, except upon the written order of a physician.

"Sec. 402 of the Penal Code: 'SELLING POISON WITIIOUT LABELLING AND RECORDING THE SALE.' It shall be unlawful for any person to sell at retail or furnish any of the-poisons named in the schedules hereinafter set forth, without affixing or causing to be affixed to the bottle, box, vessel or package, a label containing the name of the article and the word 'Poison' distinctly shown, with the name and place of business of the seller all printed in red ink, together with the name of such poisons printed or written thereupon in plain, legible characters, which schedules are as follows, to wit:

" SCHEDULE A.

" Arsenic, cyanide of potassium, hydrocyanic acid, cocaine, morphine, strychnia and all other poisonous alkaloids and.their salts, oil of bitter almonds containing hydrocyanic acid, opiunz ana' its preparations, except paregoric and such others as contain less than two grains of opium to the ounce."

" Sec. 388 of the Penal Code: PERMITTING BUILDINGS TO BE USED FOR NUISANCE, ETC.'. A person who,

" 1. Lets, or permits to be used, a building, or a portion of a building, knowing that. it is intended to be used for committing or maintaining a public nuisance, or

" 2. Opens or maintains a place where opium, or any of its preparations, is smoked by other persons, or

" 3. At such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used, or

"4. Visits or resorts to any such place for the purpose of smoking opium or its said preparations ; is guilty of a misdemeanor."

THE FOLLOWING IS A

LAW OF ONE OF OUR SOUTHERN STATES.

NARCOTIC BILL OF GEORGIA.

AN ACT TO PROVIDE AGAINST THE EVILS RESULTING FRONI THE TRAFFIC IN CERTAIN NARCOTIC DRUGS AND TO REGULATE THE SALE THEREOF.

SeC. I. Be it enacted by the General Assembly of the State of Georgia, That it shall be unlawful for any person, firm or corporation to sell, furnish or give away any cocaine, alpha or beta eucaine, opium, morphine, heroin, chloral hydrate or any salt or compound of any of the foregoing substances, or any perparation or compound containing any of the foregoing substances, or their salts, or compounds, except upon the original written orders 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 given the prescription or order. Such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again cotnpounded or dispensed except upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and properly authorized officers of the law. Provided, however, that the above provisions shall not apply to pre-parations containing not more than four grains of opium, or not more than one grain of morphine, or not more than one-fourth grain of heroin, or not more than one-eighth grain of alpha or beta eucaine, or not more than twenty grains of chloral hydrate in one fluid ounce, or if, a solid preparation, in one avoirdupois ounce. Provided, also, that the above provisions shall not apply to preparations containing opium and recommended and sold in good faith for diarrhoea and cholera, each bottle or package of which is accompanied by specific directions for use, and a caution against habitual use, nor to powder of ipecac and opium, commonly known as Dover's Powders, nor to liniments or ointments plainly labelled " For External Use Only." And provided further, That the above provisions shall not apply, to sales at wholesale by jobbers, wholesalers and manufacturers, to retail druggists or qualified physicians or to each other, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations, nor to sales to hospitals, colleges, scientific or public institutions.

Sec 2. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or to prescribe for the use of any habitual user of the same any cocaine, heroin, alpha or beta eucaine, opium, morphine, chloral hydrate or any salt or compound of any of the foregoing substances, or any preparation containing any of the foregoing substances or their salts or compounds, and it shall also be unlawful for anv practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being. Provided, however, that the provisions of this Section shall not be construed to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of any narcotic drugs, who is under his professional care, such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this Act.

Sec. 3. Any person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section to39 of Volume Three of the Code of 1895. It shall be the duty under this Act of Judges of the Superior Court in this State at every regular term thereof to charge all regular impannelled grand juries to diligently inquire into and investigate all cases of the violation of the provisions of this Act, and to make a true presentment of all persons guilty of such violation. It shall be the duty of the Board of Pharmacy to cause the prosecution of all persons, violating the provisions of this Act. No prosecution shall be brought for the sale of any proprietary or patent medicines containing any of the drugs or preparations herein before mentioned until the Board of Pharmacy shall certify that such medicine contains any of the said drugs or preparations in excess of the maximum percentage herein before mentioned.

Sec. 4. In any proceedings under the provisions of this Act the charge may be brought against any or all of the members of a partnership or against the directors or executive officers of a corporation, or against the agent of any person, partnership or corporation.

Sec. 5. All laws and parts of laws in conflict with this Act are hereby repealed.

MUNICIPAL LAWS.

In addition to these State laws, every large city in our union has police regulations governing- the sale and use of smoking opium and in many instances of all the better known poisons.

\AN ACT TO REGULATE TIIE I'RACTICE OF PHARMACY AND THE SALE OF POISONS IN THE DISTRICT OF COLUMBIA, AND FOR 0THER PURPOSES.

(Approved May 7, 1906. Public—No. 148.)

Be it enacted by the Senate and House of Representatives of the Unitea' States of America in Congress assembled, That it shall be unlawful for any person not licensed as a pharmacist within the meaning of this Act to conduct or manage any pharmacy, drug or chemical store, apothecary shop, or other place of business for the retailing, compounding, or dispensing of any drugs, chemicals, or poisons, or for the compounding of physicians' prescriptions, or to keep exposed for sale, at retail, any drugs, chemicals, or poisons, except as hereinafter provided ; or, except as hereinafter provided, for any person not licensed as a pharmacist within the meaning of this Act to compound, dispense, or sell, at retail, any dru,g, chemical, poison, or phartnaceutical preparation upon the prescription of a physician, or othervvise, or to cotnpound physicians' prescrip-tions, except as an aid to and under the proper supervision of a pharmacist licensed under this Act. And it shall be unlawful for any owner or manager of a pharmacy, drug store, or other place of business to cause or permit any person other than a licensed pharmacist to compound, dispense, or sell, at retail, any drug, medicine, or poison, except as an aid to and under the proper supervision of a licensed pharmacist : Provided, That nothing in this section shall be construed to interfere with any legally registered practitioner of medicine, dentistry, or veterinary surgery in the compounding of hiQ oi,vn prescriptions, or to prevent him from supplying to his patients such medicines as he may deem proper ; nor with the exclusively wholesale business of any dealer who shall be licensed as a pharmacist, or who shall keep in his employ at least one person who is so licensed, except as hereinafter provided ; nor with the sale by others than pharmacists of poisonous substances sold exclusively for use in the arts, or as insecticides, when such sub-stances are sold in unbroken packages bearing labels having plainly printed upon them the name of the contents, the word " poison," when practicable the name of at least one suitable antidote, and the name and address of the vendor : Provided further, That such person, firm, or corporation has obtained a permit from the board of supervisors in medicine and pharmacy, which grants the right and privilege to make such sales, such permit to be issued for a period of three years, and that each sale of such substance be registered as required of a licensed pharmacist, and it shall be unlawful for any person under the age of twenty-one years to sell such substances, and in no case shall the sale be made to a person under eighteen years of age except upon the written order of a person known or believed to be an adult : And provided further, That persons other than registered pharmacists may sell household ammonia and concentrated lye, in sealed containers plainly labelled, so as to indicate the nature of the contents, with the word " poison," and with a statement of two or more antidotes to be used in case of poisoning and may sell bicarbonate of' soda, borax, cream of tartar, olive oil, sal ammoniac, sal soda; and persons other than registered pharmacists may, furthermore, sell in original sealed containers, properly labeled, such compounds as are commonly known as " patent " or " proprietary " medicines, except those the sale of which is regulated by the provisions of sections eleven and thirteen of this Act.

Sec. 2. That every person now registered as a pharmacist in the District of Columbia, under an Act to regtilate the practice of pharmacy in the District of Columbia, approved June fifteenth, eighteen hundred and seventy-eight, shall be entitled to be licensed under this Act without examination or payment of fee, provided that he make application therefor on or before the thirty-first day of December next ensuing after the passage of this Act. Any person registered as aforesaid shall, until said date, by virture of such registration be entitled to all the rights, privileges, and immunities to which pharmacists licensed under this Act are entitled, and be subject to all the obligations and duties of such licentiates.

Sec. 3. That every person not registered under an Act to regulate the practice of pharmacy, in the District of Columbia, approved June fifteenth, eighteen hundred and seventy-eight, who shall desire to be licensed as a pharmacist shall file with the board of supervisors in medicine and pharmacy an application, duly verified under oath, setting forth the name and age of the applicant, the place or places at which he pursued, and the time spent in the study of pharmacy, the experience which the applicant has haci in com-pounding physicians' prescriptions under the direction of a licensed pharmacist, and the name and location of the school or college of pharmacy, if any, of which he is a graduate, and shall submit evidence sufficient to show to the satisfaction of said board that Ile is of good moral character and not addicted to the use of alcoholic liquors or narcotic drugs so as to render him unfit to practice pharmacy; and said applicant shall appear at a time and place designated by the board of supervisors aforesaid and submit to an examination by the board of pharmaceutical examiners as to his qualifications for license as a pharmacist: Provided, That applicants shall be not less than twenty-one years of age, and shall have had at least four years' experience in the practice of pharmacy or shall have served three years under the instruction of a regular licensed pharmacist, and any applicant who has been graduated from a school or college of pharmacy re-cognized by said board as in good standing- shall be entitled to examination upon presentation of his diploma: Provided firrther, That any applicant intending to limit his practice to compounding and dispensing homeopathic remedies and prescriptions may be licensed, if otherwise qualified. Any applicant intending to compound and dispense homeopathic remedies and prescriptions shall so state in his application for license as a pharmacist, and it shall thereupon become the duty of the board of supervisors afore-said to appoint a committee of three, physicians or pharmacists, or both, adherents to the homeopathic system of medical practice, to examine said applicant in homeopathic materia medica and pharmacy, .and to report the result thereof to said boarci. Every such applicant, however, shall be subjected in all respects to the same examinations by the board of pharmaceutical examiners as are applicants generally, except that an applicant intending to limit his practice to the compounding and dispensing of homeo-pathic remec-lies and prescriptions shall not be examined by said board of pharmaceutical examiners in materia medica and pharmacy. But the license issued to any applicant after a limited examination as aforesaid shall permit him to compound or dispense homeopathic remedies and prescriptions only. No person shall compound or dispense homeopathic remedies or prescriptions who has not been licensed so to do, nor shall any person who has been licensed to compound and dispense homeopathic remedies and prescriptions alone compound or dispense other remedies or prescriptions, except "patent" or " proprietary " remedies in original packages.

Sec. 4. That if the applicant for license as a pharmacist has complied with the requirements of either of the two preceding sections, the board of supervisors in medicine and pharmacy shall issue to him a license which shall entitle him to practice pharmacy in the District of Columbia, subject to the provisions of this Act.

Sec. 5. That the board of supervisors in medicine and pharmacy shall issue licenses to practice pharmacy in the District of Columbia without examination, or after limited examination, as said board may determine, to such persons as have been legally registered or licensed as pharmacists in States, Territories, or foreign countries : Provided, That the applicant for such license present satisfactory evidence of qualifications equal to those required of licentiates examined under this Act, and that he was registered or licensed after examination in such State, Territory, or foreign country not less than one year prior to the date of application ; that the standard of competence required in such State, Territory, or foreign country is not lower than that required in the District of Columbia, and that such State, Territory, or foreign country accords similar recognition to licentiates of the District of Columbia, all of which shall be determinable by the board of supervisors aforesaid. Applicants for license under this section shall forward with their application a fee of ten dollars.

Sec. 6. That the license of any person to practice pharmacy in the District of Columbia may be revoked if such person be found to have obtained such license by fraud ; or to be addicted to the use of any narcotic or stimulant, or to be suffering from physical or mental disease, in such manner and to such an extent as to render it expedient that in the interests of the public his license be cancelled ; or to be of an immoral character ; or if such person be convicted in any court of competent jurisdiction of any offense involving moral turpitude. It shall be the duty of the major and superintendent of police of said District to investigate any case in which it is discovered by him, or made to appear to his satisfaction, that any license issued under the provisions of this Act is revocable and to report the result of such investigation to the board of supervisors in medicine and pharmacy, which board shall, after full hearing, if in their judgment the facts warrant it, revoke such license.

Sec. 7. That in the month of November of each year every licensed dealer in poisons for use in the arts or as insecticides, whose permit has been issued not less than three years prior to the first day of such month, shall apply to the board of supervisors in medicine and pharmacy for the renewal of such permit. And said board is hereby authorized, upon the payment of such fees as are hereinafter provided, to renew such permit in the month of November for a period of three years from the thirty-first day of October immediately preceding the date thereof. And every permit not renewed within the month of November as aforesaid shall be void and of no effect unless and until renewed. Any license, permit, or renewal obtained through fraud, or by any false or fraudulent representation, shall be void and of no effect. No person shall make any false or fraudulent representation for the purpose of procuring a license, permit, or renewal thereof, either for himself or for another.
Every license to practice pharmacy, and every permit to sell poisons, for use in the arts or as insecticides, and every current renewal of such permit shall be conspicuously displayed by the person to whom the same has been issued in the pharmacy, drug store, or place of business, if any, of which the said person is the owner or manager.

Sec. 8. That there shall be in and for the District of Columbia a board of pharmaceutical examiners, consisting of five licensed pharmacists, appointed by the Commissioners of said District, each of whom shall have been for the five years immediately preceding, and shall be during the term of his appointment, actively engaged in the practice of pharmacy in said District. All appointments shall be made in such manner that the term of office of one examiner shall expire on the thirtieth day of June of each year, but every examiner shall hold office after the expiration of the term for which he has been formally appointed until his successor has been appointed and qualified. No appointee shall enter upon the discharge of his duties until he has taken oath fairly and impartially to perform the same. Said Commissioners may remove, after full hearing, any member of said board for neglect of duty or other just cause.
That annually the board of pharmaceutical examiners shall organize by the election of a president and a secretary, both of whom shall be members of said board, who shall hold office for one year and until their successors shall have been elected and qualified. Said board shall hold meetings for the examination of candidates and for the discharge of such other business as may come before it, commencing on the second Thursdays in January, April, July, and October of each year and at such other times as the board of supervisors in medicine and pharmacy shall direct ; and said board of pharmaceutical examiners shall examine all applicants for license to practice pharmacy certified to it for that purpose by the board of supervisors in medicine and pharmacy, and shall report the results of such examination to said board of supervisors as speedily as practicable.

Sec. 9. That from and after the passage of this Act the board of medical supervisors of the District of Columbia shall be known as the board of supervisors in medicine and pharmacy of the District of Columbia ; and the president of the board of pharmaceutical examiners shall be ex o cio a member of said board of supervisors in addition to the members now provided for by law ; and said board of pharmaceutical examiners shall bear in all respects the same relations to the board of supervisors aforesaid as each of the boards of medical examiners of said District now bears to the board of medical supervisors thereof; and said board of supervisors shall have all such rights, powers, and duties with respect to the examination of applicants for license as pharmacists and with reference to the issue of licenses to practice pharmacy and of permits to sell poisons for use in the arts, or as insecticides as said board now has with reference to the examination of applicants for license to practice medicine, surgery, and midwifery, and with reference to the issue of licenses to such persons, except in so far as may be inconsistent with the provisions of this Act. Said board shall elect from its membership a secretary and treasurer, respec-tively. The treasurer of said board shall give such bond for the proper performance ot his duties as the Commissioners of the Disirict of Columbia shall deem proper and shall render to said Commissioners accounts of his receipts and disbursements from time to time as said Commissioners shall direct. All licenses issued by said 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 priml 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 meinbers 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 ot 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 prescrip-tion 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 g,rain 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 diarrhoea 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 labelled " 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, aud retail druggists, hospitals, 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 \vho 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, anv 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 Ile has reasonable ground for believing that the drug, compound, or preparation aforesaid is desired or intended for the use of any human being : P rovided 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 anv 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 prepara-tion 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 hydrocyanic 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, hyos-yamus, ignatia, lobelia, nux vomica, physostigma, phytolacca, strophantus, 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 labelled 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 labelled " 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 labelled 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 pareg-oric 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 prepara-tions 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 labelled " poison " unles,, 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 repre-sentations 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 phvsician, 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 there of the name of the drug or drugs coiltainecl therein, or directions for using the same.

Sec. 16. That it shall be unlawful for any person to sell or offer for sale bv 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 sha'll 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, i906.

GENERAL STATEMENT.

First, it should be remembered that we do not produce opium of any kind in our States, Territories or the District of Columbia.

Manufacturers of morphine are generally of the belief that from 70 to 80 per cent. of the crude opium imported is absorbed in the manufacture of morphine, and that from 5o to 75 per cent. of such morphine so manufactured is used illicitly. The rest of our crude opium is manufactured into other medical preparations, such as laudanum, abstracts, Dover's Powder, etc.

This means that at least 400,000 pounds of our annual importations of opium are manu-factured into morphine, and find users and abusers in our States, Territories and the District of Columbia.

Of smoking opium we have already calculated the amount used by the Chinese.

Physicians are unanimous in their opinion that the use of opium and its derivatives is much less in the profession of medicine than it was ten years ago. They are also of the opinion that we import very much more crude opium than can be legitimately used medicinally. The lowest estimate that we have is that 5o,000 pounds would suffice for the licit needs of the American people; the highe.st ioo,000 pounds.

DISTRIBUTION.

What becomes of the excess of crude opium over and above the amount used for legitimate medicinal purposes?

We have reports from every State, Territory and the District of Columbia.

We might confine our statement in regard to this matter to a few of our larger and more populous States and Cities, but as this might lead to a misconception of the States and Cities named, it will perhaps be better to average the data we have from a large number of our more populous States and Cities.

Before going on in this matter, we might state that in the case of our college and university students there is no use of opium in any shape or form. The question of the illicit use of opium or its derivatives is unknown throughout our whole body of colleges and universities.
With regard to the larger question of the general distribution and final destination of opium, its derivatives and preparations, statements from twenty-five States would show that an average of 5.62 per cent of prisoners who enter our large jails and states prisons, are addicted to the opium habit in some one of its forms; and that of the general criminal population 15.48 per cent are addicts.

Of our unfortunate women and their hangers-on we get an average of 21.6 as the percentage of habitués, in an average of twenty-five States and their large Cities.

In the medical profession in this same territory, we have estimates that as large a percentage as io are addicted to the opium habit in one of its forms; the averag-e for twenty-five States and Cities being 2.06 per cent. Trained nurses throughout this same territory are addicted at the rate of 1.32 per cent.

In other professions we get an average in the twenty-five States of o.684 per cent., and amongst our adults generally (that is, including all our adult population outside of those already enumerated), 0.18 per cent.

Of course these average percentages apply wholly to our adult population; that should be clearly understood.

Since the passage of our National Pure Food Law, and the State and City Laws modelled upon it, there has been an average reduction of 4o per cent. in the sale of proprietary medicines containing opiates.

We have, unfortunately, to state that in some of the twenty-five States enumerated, there has been an enormous growth of the morphine habit, especially in the rural communities where the sterility in social life has driven the elderly members of these communities to this habit. A large percentage of this class have become addicted to the morphine habit largely as the result of a sincere objection to the use of alcohol in any of its forms.

These average percentages apply to all forms of opium abuse. Under the following heading we propose to particularize more fully the use of smoking- opium amongst our American population in our States, the District of Columbia and the Territories.

DISTRIBUTION OF SMOKING OPIUM.

On this important matter we have some very definite figures.

We have already estimated the amount of this form of opium used by the Chinese. This leaves us to account for at least 9,000 pounds that we definitely know is not used by them, in addition to the large amount smuggled into the country' or surreptitiously manu-factured from crude Turkish opium.

We have estimates from the police departments, from physicians, from warders of jails, from opium habitués themselves, from educated and intelligent Chinese, and from other reliable sources, that there are from 3,000 to 15,o0o opium smokers amongst the American white and negro population of one of our largest cities. We think we are perfectly safe in taking 5,000 as the number in this city. Basing our data on the law of averages, and applying it to other large centers of population (and we have data as regards these large centers which is our warrant), we are very certain that there are from ioo,000 to 150,0oo opium smokers in our American white and colored population.

ARMY AND NAVY.

Among the personnel of our Army and Navy there is not the slightest evidence that the use of opium or its derivatives has been introduced except for purely medicinal purposes.

THE EFFECT OF NATIONAL AND STATE LEGISLATION.

Before our " National Food and Drugs Act " went into operation over two years ago there was a large sale throughout the United States of proprietary medicines containing opiates. Since that law went into effect, we learn from inquiries made, and from the examination of sales books of manufacturing druggists that the sale of proprietary medicines containing opiates has decreased from 15 per cent in some states to 75 per cent and even So per cent in other states. This reduction is due not only to the effect of the "National Food and Drugs Act" but to the " State Pure Food and Drugs Acts " modelled upon it. In addition to the new " State Pure Food Laws," several states have laws that ban proprietary medicines if they contain opiates or poisons at all.

REVENUE.

Under the heading of " Duty Total," an examination of the Table appended to our Report will show at a glance the amount of revenue that our Federal Government has derived from import duties on the various forms of opium and its derivatives. Taking the average of the last eight years, from 1900 to 1907, it has been $1,425,134. Our total revenue from all sources for the fiscal year ending June 3oth, 1907, was $663,14.o,334. The proportion of our opium revenue represents only one-fifth of one per cent of our total revenue.

PRESENT STATUS AS REGARDS LEGISLATION.

A new era has dawned in the United States since this Commission has been gathering. A few days ago our Congress, in response to the new light thrown on our home opium question has passed a bill of which the following- is a summary :

Sec. 1. After April first, 19o9, it shall be unlawful to import into the United States opium in any form, or any preparation or derivatives thereof, except that opium and preparations thereof other than smoking opium or opium prepared for smoking, may be iinported for medicinal purposes only, under regulations which the Secretary of the Treasury is hereby authorized to prescribe, and when so imported it shall be subject to the duties which are now or may hereafter be imposed by law.

Sec. 2. If any person shall assist in importation or receive, buy or sell prohibited opium or derivatives, such opium shall be forfeited and destroyed, and the offender shall be fined not exceeding- five thousand dollars nor less than fifty dollars, or imprisoned not more than two years, or both. Possession of such opium or derivatives thereof to be deemed sufficient evidence to authorize conviction umless defendant explain possession to the satisfaction of the jury.

It will be seen by this bill that the only opium that can now be imported into the United States is opium for medical purposes and we have no doubt that the Secretary of the Treasury will draw up such rules and regulations under this bill as will effectually prevent any other form of opium entering the country, or the entrance of an abnormal amount of opium for medicinal purposes.

Anv possible growth of the poppy will also be effectually regulated and we have reason to hope that our people and our Government are now in line with the best thought in regard to the immorality of the use of opium except as a drug for purely medicinal purposes.

PORTO RICO.

The following table shows the amount and varieties of opium imported into Porto Rico since that island came under the United States Government. The position of Porto Rico in regard to our governmental system is still vague, and its statistics do not appear in the Table covering opium importations into the United States, the District of Columbia and the Territories.

IMPORTS OF OPIUM INTO PORTO RICO DURING THE FISCAL YEARS 1899-1908.

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Not separately reported.
* July 28, 1898, beginning of American Occupation, to June 3o, 189g.
I. July 1, 1899 to April 3o, 19oo. Civil Government established in Porto Rico May 1, 19oo. ° Figures not yet available.

CUBA.

We also submit a table on the importations of opium into Cuba during the fiscal years from 1899 to 1908; that is, since our close relations with Cuba following the Spanish-American War.

The figures cover not only the years when we were administering the Government but in the interregnum when Cuba was under its own republican government. The figures for 1907 and 1908 are not yet available.

IMPORTS OF OPIUM INTO CUBA DURING THE FISCAL YEARS 1899-1908.

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* July 17, 1898 beginning of American Occupation, to June 30 1899.
f July 1, 1901 to May 19, 1902, on which latter date American Occupation ceased in Cuba. ° Figures for 1907 and 1908 have not yet been published by the Cuban Republic.

INTERNATIONAL NEEDS.

We are justified in feeling, so far as the United States itself is concerned, that we are capable of enforcing the provisions of the Bill just passed. Our Government can keep without its borders all opium that we do not legitimately need. Nevertheless it is the desire of our Government that the countries immediately bordering upon us should take the same stand in regard to opium as we have now done. With the passage of the Canadian ,Anti-opium Bill last July we had an effective guarantee from our cousins to the North that not from Canada would come into our own country a commodity- that we wished to exclude or control except for the beneficent purpose to which it was originally applied.

In all our International history we have endeavored, so far as the opium question is concerned, to "Do unto others as we would be done," and we believe that in the future, as the result of the deliberations of this Commission, all nations will apply this Golden Rule to one another.

Presented by Dr. Hamilton Wright.

THE PHILIPPINE ISLANDS.

The Philippine Islands ceded by Spain to the United States in 1898.
Total population 7,635,426.
Chinese population 55,000.*
The Chinese Exclusion Act was applied to the Philippines in 1902 and has since been rigorously enforced.

OPIUM TRAFFIC PRIOR TO 1898.

From 1843 to 1898 opium was farmed out by the Governtnent. There are but few available statistics for this period. The revenue rose from (Mex.) $81,532.6o in 1863 to (Mex.) $250,463.20 for the first half of 1897. Smoking was confined by law to the Chinese
the law was not strictly enforced and an increasing number of natives contracted the habit.
There has never been any growth of the poppy in the Islands, nor has there been any export of opium to other countries. The chief sources of supply of imports have been Singapore and Hongkong.

*These figures are the estimate of the Bureau of Internal Revenue of the Philippine Islands. The Immigration records give the number as 49,0oo.

PERIOD FROM I 898-1901.

During the transition period between the American occupation and the establishment of Civil Government, the importation of opium was placed under the provisions of the Dingley Tariff of the U.S.A. which called for a duty of $1.00 per pound on the crude commodity and $6.00 per pound on opium prepared for smoking.

During this period there was no organized attempt made to control the use of the drug. The imports were:

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PERIOD FROM 1901 T0 I905.

By the Tariff Revision Law of 1901 a duty of $3.00 per kilo* for crude opium and $3.50 for manufactured was imposed. During this period the import rose to 268,128 pounds in 1905. The highest figure reached was 285,443 pounds in 1902. There was an epidemic of cholera this year and opium vendors used the opportunity to increase the sale of opium among Filipinos as an antidote or cure for the disease. In 1903 there were one hundred and ninety opium shops in Manila alone where opium was sold and used. At this time a bill was framed and considered in the Philippine Commission for getting control of the traffic and regulating the use of the drug,. Discussion ensuing upon its public presentation eventuated in the appointment of a Committee to investigate the use of opium and the traffic therein, and the rules, ordinances and laws regulating such use and traffic in various countries in the Orient before determining the best kind of law for reducing and restraining the use among, the Filipinos. This Committee presented its Report in June 1904. (Report of the Committee appointed by the Philippine Conzmission to investigate the Use of OPi1,1777 and the Trezffic therein.) It advocated:

(1) Immediate Government Monopoly, to become
(2) Prohibition, except for medical purposes after three years or, if at the expiry of this period it seemed expedient, a longer time of preparation.
(3) A system of individual licenses until prohibition was made law.
(4) Making salaried Government officials the sole vendors or dispensers.
(5) (a) An educational campaign among the young; (b) Treatment for victims of the opium habit; (c) Punishment, deportation if necessary, of incorrigible offenders.

PERIOD FROM I905 TO 8 M ARCH, 1906.

On the 3rd of March, 1905, in the Philippine Tariff Revision Act, the duty on crude opium was increased by Congress to $4.00 per kilo, and on prepared opium to $5.00 per kilo. It was further enacted that the Philippine Government should have the power to prohibit the importation and sale of opium, or to adopt such measures as might be required for the suppression of the evils resulting from the sale and use of the drug; and that after the ist of March, 1908, there should be a law prohibiting all importation except for medicinal purposes only. The Philippine Government did not feel that it could carry out all the details of the propositions made by the Investigating Committee. Congress by the Act just referred to precluded the possibility of an extension of time in preparation for prohibitory measures.

PERIOD FROM 8 MARCH, 1906, TO I MARCH, 1908.

A high license system was inaugurated as a temporary expedient (Act No. 1461 of the Philippine Commission) on the 8th of March, 1906, placing the administration of the law in th h nds of the Bureau of Internal Revenue. This law became effective the ist of April. By its provisions only adult male Chinese were permitted to use opium, and then on the expressed condition that they took out a habitual user's license. About T2,700 licenses were issued, though a conservative estimate of Chinese smokers placed the number at more than 20,000. Filipinos and foreigners were not eligible for licenses. As the normal import exceeded on an average ten tons per annum, obviously there were many users among those not eligible for licenses, as well as Chinese who secured opium from secret sources, or otherwise evaded the law.
tUnited States Currency is meant unless otherwise stated. *1 kilo-2.204 pounds.

Under this Act all opium in hand at the time of its passage was required to be declared and opium afterwards imported had to be stored or withdrawn under Government surveillance; wholesale and retail dealers, being placed under bonds, had to pay an annual license tax of $5oo and $1oo respectively; an internal revenue tax was levied of $1.25 per kilo* on crude and of $3.75 per kilo-1- on prepared opium; severe penalties were provided for the transgression of the law ; monies accruing from the license and internal revenue tax were to constitute a special fund for an anti-opium educational campaign, hospital treatment for victims of the drug, the payment of informers, and school purposes.

During- this period the imports fell from 268,128 pounds in loo5 to 15o,292 pounds in loo6.

In order to prepare as far as possible for the prohibitory law, Act 1761 was passed by the Philippine Commission on the i2th of October, 19°7. The provisions of this Act allowed of the continuance of licenses with a monthly permit increasing in price until the date of the prohibitory period four months later. A decreasing amount each month could be sold to the licensee. The sale of opium was placed under most rigorous Government supervision which required that Internal Revenue officers be constantly on duty in opium dispensaries. The internal revenue tax was increased each month by 20 per cent of the original tax. Special effort was made to induce opium addicts to take hospital treatment. When the prohibitory law came into effect it was estimated that not more than 5,000 persons were using opium.

PERIOD BEGINNING I MARCH, 1908.

A strict prohibitory law came into effect on this date, since which the importation of opium has been 38 pounds. All importation of opium and its derivatives is made through the Government.

Smoking still continues but it is estimated that it has been reduced from so to 6o per cent. The fact that contraband opium has sold at the rate of $9o* per poundl--(one case was reported where the rate per pound touched $1251) indicates that a large portion of the smoking population is protected from the drug owing to its inability to purchase so expensive a luxury. The poorer people are those who most need protection for not only have they the least stamina but they smoke dross, the cheaper, but most vicious form of the drug. There is no morphia abuse in the Philippine Islands and consequently but little effort to smuggle.

Our chief difficulties thus far are two in number :

(I) Inadequate facilities. Neither sufficient money nor men are provided for the vigorous enforcement of the law. The Filipino officials at best only afford passive aid. The Customs officers and the Internal Revenue Agents who are Americans are meeting the situation with moderate effectiveness and hopefulness.

(2) The ease with which opium is smuggled makes it impossible to cut off the supply without international co-operation. There is a constant supply of contraband opium introduced at different points in the Islands from Hongkong, Sing-apore and British North, Borneo. Our coast line is so extended—approximately 1,50o miles in -Mindanao and the Sulu Archipelago alone—that, without an expense beyond the power of the Government to-incur, the territory could not be properly policed by, revenue cutters and similar agencies. Two efficient employees of the Government closed a recent report in the following words: " It suggests itself to our minds that if a perfect arrangement be made with the neighboring aovernments whereby our Government could station officials at various points of the East for the purpose of checking and reporting the movements of opium there would very soon result a firm grasp and control of smug-gling. We think the suggestion on its face is plain. We are grappling in darkness with an unknown quantity of opium floating in the East and which is-ready to spurt into the Philippine Islands at any time, like a flow ot quicksilver; this in direct defeat of our" endeavor, and "in partial defeat of the Customs law and the opium law."

Two important facts should be noted. Under our prohibitory' legislation: (ist) AII additional outlay is required by our Government. (2nd) Our revenue is seriously decreased.
*$619.87 per picul or ro33 taels.
$206.62 per picul or 344 taels.
*About 200 taels per catty.
Of course the sales were in small quantities but the figures indicate the incentive to smuggle. 3: About 277 taels per catty.

As has already been stated, conditions being as they, are, it would tax the Insular Treasury beyond its capacity to org-anize and maintain an effective service against contraband opium. Even with such facilities as we are employing additional expense is incurred, and this at a moment when our exchequer is least able to bear it. The revenue from opium for the last complete fiscal year (1907)* prior to prohibition amounted to $600,417.85 out of a total revenue of $17,445,489.49, being- 3!4 per cent. of the total revenue. This fact is presented as indicating- the strength of the conviction of the Government regarding the necessity of the legislation enacte(1.

Presented by Bishop Brent.

STATISTICAL TABLES.

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1-The import for this year was more than 100,000 pounds less than that for 1905, though the revenue was more than $230,000 greater. The explanation is contained in the fact that in 1906 the system of licenses and the imposition of an. internal revenue tax greatly augmented the revenue already increased by the Tariff Revision of 3rd of March, 1905.
*First and second quarters only.

I I.
Ouantity and value of imports of opium into the Philippine Islands and customs duty thereon during the years 1899 to 1908, also internal-revenue tax collected on opium during years 1906, 1907 and 1908.

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APPENDIX A.               

AN ACT FOR THE PURPOSE OF RESTRICTING THE SALE AND SUPPRESSING THE EVIL RESULTING FROM THE SALE AND USE OF OPIUM UNTIL MARCEI FIRST, NINETEEN HUNDRED AND EIGHT, WHEN ITS IMPORTATION OR USE FOR ANY BUT MEDICINAL PURPOSES IS FORBIDDEN BY ACT OF CONGRESS.

By authority of the United States, be it enacted by the Philippine Commission, that :

Sec. 1. Opium within the meaning of this Act shall embrace every kind, class, and character of opium, whether crude, prepared, or refuse, and all narcotic preparations thereof or therefrom, and all morphine or alkaloids of opium and all preparations in which opium, morphine, or any alkaloid of opium enters as an ingredient, together with all opium leaves and wrappings of opium leaves, whether such leaves or wrappers are prepared for use or not.

Sec. 2. Upon the presentation by any Chinese person of a written application, duly verified by his oath before an officer entitled to administer oaths, and reciting that he habitually smokes, chews, swallows, or injects opium in any of its forms, or is otherwise addicted to the use of opium or of any of its narcotic principles, it shall be the duty of the treasurer of the municipality or the treasurer of the township or settlement in which said application is presented, or if presented in the city of Manila, then of the Collector of Internal Revenue, upon the payment to him of five pesos by the applicant, to register such Chinese person as a confirmed user of opium and to issue to him a certificate stating-that Ile is addicted to the use of opium, the manner and form of its use, and the quantity of the drug consumed by him by the day, week, or month. The certificates so issued shall be printed in quadruplicate and shall be consecutively numbered. One of the quadruplicate shall be retained by the officer issuing the same, one shall be forwarded forthwith to the treasurer of the province in which said municipality, township, or settlement is located, one shall be forwarded to the Collector of Internal Revenue, and one shall be delivered to the person registered. All such certificates shall be accounted for as cash at the rate of five pesos foi- each certificate. Spoiled or mutilated certificates not issued must be retained and turned in with the accounts of the responsible officer at the proper time.
* Report of Collector of Customs, ri9o8.
t Bureau of Internal Revenue figures.
Opium imported during the first half fiscal year 1909-38 pounds.


Sec. 3. Any person who makes or uses a false or counterfeit certificate, or other official document used in the enforcement of this Act, or who with intent to defraud has in his possession any, fake, counterfeit, restored, or altered certificate, or other official document used in the enforcement of this Act, or who alters the written Or printed figures or letters upon such certificate, or other official document used in the enforcement of this Act, or who procures the cotnmission of any such offense by- another, or who cooperates or assists in the commission of any such offense, shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding two years, or by both such fine and impriscnment, in the discretion of the court.

Sec. 4. (a) Except when prescribed as a medicine by a duly licensed and practicing- physician, it shall be unlawful for any person to smoke, chew, swallow, inject, or otherwise consume or use opium in any of its forms unless such person has been duly registered as provided in section two hereof and has secured the certificate therein prescribed. Except when prescribed as a medicine by a duly licensed and practicing physician, no registered confirtned user of opium shall smoke, chew, swallow, inject, or otherwise use or consume opium except in his ONIM residence.
( b) Any person violating the provisions of this section shall be punished by a fine not exceeding two hundred pesos, or by imprisonment for a period not exceeding six months, or bv both such fine and imprisontnent, in the discretion of the court.

See. 5. (a) It shall be unlawful to sell, transfer, give, or deliver opium in any of its forms to any person unless such person is a duly licensed physician, pharmacist, or second-class ph.armacist, or is a duly licensed wholesale dealer or retail dealer in opium, or is duly registered as a confirmed user of opium as prescribed in section two hereof who presents his certificate as such at the time of the sale, transfer, gift, or delivery to him of opium in any of its forms: Provided, however, That opium in all of its forms may be sold, transferred, or delivered to scientific bureaus of the Government and to hospitals, on permit from the Collector of Internal Revenue. Duly licensed physicians may prescribe and administer opium as a medicine, and pharmacists and second-class pharmacists may sell, transfer, give, or deliver opium as a medicinal preparation on the prescription of a duly' licensed and practicing physician, under such regulations as may be prescribed by the Collector of Internal Revenue and approved by the head of the proper Department.
(b) Any person violating the provisions of this section shall be punished by a fine not exceeding one thousand pesos, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court.
(c) Any physician who habitually prescribes opium for his patients when the physical condition of said patients does not require the use of opium shall have his license to practice medicine revoked by the Board of Medical Examiners for the Philippine Islands after due notice and hearing by said Board, and shall be punished by a court of competent jurisdiction by a fine of not less than two hundred and fifty pesos nor more than one thousand pesos, or by imprisonment for a period not less than six months nor more than one year, or by both such fine and imprisonment, in the discretion of the court.

Sec. 6. (a) Every person other than a licensed pharmacist or second-class pharmacist who imports, cooks, or prepares opium or prepares any narcotic extract from opium, or who after its reception modifies or chang-es the form of any opium received by him, or who sells or offers to sell opium in any of its forms in quantities of one kilo. or more, or who for himself or on commission sells or offers to sell opium to another, for resale, shall be deemed to be a wholesale dealer for the purposes of this Act.
( b) Every person other than a licensed pharmacist or a second-class pharmacist, or a wholesale dealer in opium, who sells opium in any of its forms, or who deals or traffics therein, shall be deemed to be a retail dealer in opium for the purposes of this Act: Provided, That persons engaged in selling or offering for sale, or giving away or bartering opium in such manner, and in such quantities, as to bring them within the definition of wholesale dealers and who also sell or offer for sale, or barter or give away, opium in such manner and in such quantities as to bring them within the definition of retail dealers shall be subject to both the wholesale and the retail dealer's license tax as prescribed by this Act.

Sec. 7. (a) It shall be unlawful for any person not a duly registered confirmed user of opium, a licensed physician, pharmacist, second-class pharmacist, wholesale dealer or retail dealer in opium, to have in his possession opium in any of its forms except on a permit from the Collector of Internal Revenue, or as a medicine prescribed by a duly licensed and practising physician.
(b) Any person violating the provisions of this section shall be punished by a fine not exceeding five hundred pesos, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court.

Sec. 8. Every wholesale dealer and every retail dealer in opium shall keep and maintain on the outside of his place of business, so that the same may be seen and easily read by the public, a sign setting forth in plain, large letters the name or firm designation of such wholesale dealer or retail dealer, and the words " Licensed wholesale dealer in opium," or " Licensed retail dealer in opium," as the case may be. For a failure to keep and maintain such sign conspicuously displayed as herein provided, or for a violation of any of the provisions of this Act, the Collector of Internal Revenue, or his duly authorized representative, may cancel the license issued to such wholesale dealer or retail dealer, and such wholesale dealer or retail dealer shall not be entitled to the return of any money paid by him for such license.

Sec. 9. az) Within ten days after this Act shall go into effect every wholesale dealer and every retail dealer in opium, and every licensed pharmacist a.nd second-class pharmacist, shall report in writing to the treasurer of the province in which his place of business is located, or if located in the city of Manila, then to the Collector of Internal Revenue, the kind, quantity, and quality of all opium in his possession or under his control, and the then existing market value of the same and a. definite description of the place in which the same is kept, held, or stored.
(b) Any person failing to make true report of the opium in his possession or under his control as prescribed in this section shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the. discretion of the court ; and all opium not reported by such person shall be seized, forfeited, and sold as prescribed by this Act.

Sec. 10. (a) All imported opium immediately after its release from the custom-house, and all opium owned, held, controlled, possessed, prepared, or manufactured by any wholesale dealer in opium, shall be stored by the wholesale dealer in some building or place duly approved by the Collector of Internal Revenue, or his duly authorized representative, and neither the whole nor any part of the opium so stored shall be removed from such building or place except in accordance with regulations prescribed by the Collector of Internal Revenue and approved by the head of the proper Department, or on a permit from the Collector of Internal Revenue, or his duly authorized representative. Opium stored or withdrawn in any manner other than that prescribed in this Act, or by regulations of the Collector of Internal Revenue, approved by the head of the proper department, shall be seized and confiscated.
(b ) Any person violating the provisions of this section shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court.

Sec. 11. (a) Every wholesale dealer and every retail dealer in opium shall keep a book in which he shall enter, in Spanish or English, the full quantity of opium on hand at the time of giving the notice prescribed by section nine and of all opium thereafter received by him from every source, the date on which the same was received, the person or firm from whom received, the kind received, the price paid or to be paid therefor, the date and hour of each and every sale made by him, the quantity and kind of opium sold, the name and address of the purchaser, the quantity and kind of opium transferred on permit, the date of such transfer, the name and address of the person to whom transferred, together with the number of the permit for withdrawal or removal, and such other information as may be prescribed by the Collector of Internal Revenue.
(b) Any wholesale dealer or retail dealer in opium who shall fail to keep the book and make true entries therein, as prescribed by this section, shall be punished by a fine not ex-ceeding five thousand pesos or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court.

Sec. 12   Should an inspection of the opium on hand or an examination of the books of any wholesale dealer or retail dealer in opium disclose a greater or less quantity of opium than the difference between the receipts of opium and the sales, transfers, or withdrawals justifies, such wholesale dealer or retail dealer shall pay to the Government of the Philippine Islands as a penalty double the value of any deficiency or excess that may exist, and all opium and other property on the premises on which the opium business is carried on and conducted shall be subject to seizure and shall be forfeited and sold as prescribed by this Act: Provided, That the wholesale dealer or retail dealer 'nay be relieved in whole or in part from the penalties and forfeiture provided in this section whenever in the opinion of the Collector of Internal Revenue, with the approval of the proper Depart-ment, such relief is just and equitable.

Sec. 13. Every wholesale dealer and every retail dealer in opium shall give each purchaser of opium a certificate of sale, written in English or Spanish, duly prepared and signed by the dealer, reciting the sale, name and address of the purchaser, kind, and quantity of opium sold, price paid, and such other information as shall be prescribed by the Collector of Internal Revenue, and for every failure, neglect, or refusal to deliver the certificate herein provided for, such wholesale dealer or retail dealer shall be punished by a fine not exceed-ing five hundred pesos, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.

Sec. 14. The books and stock of opium of wholesale dealers ancl retail dealers in opium, or pharmacists or second-class pharmacists, shall be subject to inspection at any time by the Collector of Internal Revenue or his duly authorized representative, and any wholesale dealer or retail dealer in opium, or pharmacist or second-class pharmacist, failing, refusing, or neglecting to allow such inspection itnmediately upori demand made by, the Collector of Internal Revenue, or his duly authorized representative, shall be punished by a fine not exceeding one thousand pesos, or by imprisonment for a period not exceeding one year, or bv both such fine and imprisonment, in the discretion of the court.

Sec. 15. (a) No person shall import, cook, or prepare opium, or engage in the business of purchasing or selling opium or of dealing or trafficking therein, unless he shall have first secured from the Collector of Internal Revenue, or his duly authorized representative, a license to transact such business and shall have paid the license tax prescribed by this Act. Crude opium shall not be sold to any person who is not a duly licensed wholesale dealer: Provided, That duly licensed pharmacists and second-class pharmacists may import, buy, sell, and prepare opium for medicinal purposes without securing the license prescribed by this section, under such regulations as the Collector of Internal Revenue may prescribe, with the approval of the head of the proper Department.
(b) Any person violating the provisions of this section shall be punished by a fine of not less than five hundred pesos or more than two thousand pesos, or by imprisonment for a period of not more than one year, or by both such fine and imprisonment, in the discretion of the court,

Sec. 16. Before any license is issued to any wholesale dealer in opium, the Collector of Internal Revenue, or his duly authorized representative, shall require that such wholesale dealer shall execute to the Government of the Philippine Islands a good and sufficient bond in the sum of ten thousand pesos, duly approved by the Collector of Internal Revenue, and conditioned that said wholesale dealer will well and truly pay the internal-revenue taxes, fines, and penalties imposed by this Act ; that he will not withdraw or remove any opium from the place in which it is lawfully kept or stored except as prescribed by this Act, or by regulations of the Collector of Internal Revenue, approved by the head of the proper Department ; and that Ile will well and truly comply with the provisions of this Act and perform all the duties by it required of him to be performed.

Sec. 17. Every wholesale dealer in opium shall pay to the Collector of Internal Revenue, or his duly authorized representative, an annual license tax of one thousand pesos, and every retail dealer in opium shall pay an annual license tax of two hundred pesos, which tax shall become due and payable on the first day of January of each year or on commencing business as a wholesa.le dealer or retail dealer in opium. In case any wholesale dealer or retail dealer in opium begins business after the first day of January, he shall pay that proportion of the license tax which the unexpired portion of the calendar year bears to the whole year : Provided, however, That the sum paid for the license shall not be less than that required for three months : And provided further, That the license tax may be paid in quarterly instaltnents on the first day of January, the first day of April, the first day of July, and the first day of October : _Indprovided further, That no wholesale or retail license shall be issued to any person authorizing him to peddle opium, or to sell opium in any locality outside of a store duly registered, and that any person so found peddling or trafficking- in opium in the streets or dwelling places, or market places, of any city, or in the country, or in the waters of the Philippine Islands, shall be punished by a fine not exceeding- one thousand pesos, or by imprisoninent for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court; and in addition all of the stock of opium found in the possession of any such peddler shall be confiscated to the Insular Government.

Sec. 18. Persons doing business as co-partners in any one place shall 13e required to pay but one license tax. Should a wholesale dealer or retail dealer in opium engage in the business of manufacturing opium or dealing therein in more than one place, lie shall pay the prescribed license tax for each place in which he carries on business: Provided, however, That if the business of manufacturing opium or of dealing therein at wholesale or retail is transferred to a place other than that for which the license was issued, the Collector of Internal Revenue, or his duly authorized representative, may transfer the license to the new place of business, and in such case no additional license tax shall be exacted : And provided further, That when anv person to whom a license is issued dies during- the term of the license, the surviving spouse, children, executor, adminis-trator, or other legal representative, of such person may, without the payment of an additional tax, carry on, for the rest of the term covered by the license, the business for which the license was issued.

Sec. 19. Unless otherwise provided by this Act, the payment and collection of all taxes and of all judgments and moneys recovered and received for taxes, costs, forfeitures, and penalties imposed by this Act and the accounting therefore shall be made as prescribed by Act Numbered Eleven hundred and eighty-nine and the regulations of the Collector of Internal Revenue, and in the manner and form provided for the payment and collection of taxes imposed by said Act.

Sec. 20. (a) Before imported crude opium or imported prepared opium in any of its forms shall be released from the custom-house, there shall be paid thereon an internal-revenue tax as follows : On crude opium, two pesos and fifty centavos a kilo., net weight, and on prepared opium seven pesos and fifty centavos a kilo., net weight. This tax shall be paid to the collector of customs, under regulations presclibed by the Collector of Internal Revenue, with the approval of the head of the proper department.
Before any crude opium which is in the Philippine Islands at the time this Act shall become effective is cooked or prepared for sale or for human consumption or use, every wholesale dealer shall pay on such crude opium to the Collector of Internal Revenue, or his duly authorized representative, an internal-revenue tax of two pesos and fifty centavos per kilo., net weight. On opium cooked or prepared in the Philippine Islands for sale or for human consumption or use, every wholesale dealer shall pay on the removal or withdrawal of such opium from the place in which it is lawfully kept or stored, to the Collector of Internal Revenue, or his duly authorized representative, an internal-revenue tax of five pesos on each kilo., net weight. The burden of proving that the internal-revenue tax hereby imposed has been paid is imposed on the wholesale dealer: Provided, however, That no tax shall be paid on opium removed or withdrawn for exportation and actually exported and not relanded in the Philippine Islands.
All opium in the possession, or under the control, or subject to the order or disposition of any retail dealer at the time this Act becomes effective on which the internal-revenue tax provided by this Act has not been paid bv a wholesale dealer, shall be subject to such tax and said retail dealer shall pay on such opium before manufacture, sale, consumption, or use thereof, an internal-revenue tax, as follows: Crude opium, two pesos and fifty centavos for each kilo, net weight; cooked or prepared opium, or opium prepared for human consumption or use, five pesos for each kilo, net weight. The burden of proving that such internal-revenue tax has been duly paid is hereby imposed on the retail dealer. Net weight shall be determined by the customs rules and regulations covering the importation of opium into the Philippine Islands.
Before any opium is withdrawn or removed from the place in which it is lawfully kept or stored, as provided by this Act, it shall be marked, branded, or otherwise identified in the manlier prescribed by the Collector of Internal Revenue and approved by the head of the proper department.
(b) Any wholesale dealer or retail dealer in opium failing, refusing, or neglecting to pay the internal-revenue tax as prescribed by this section, or who shall fail, refuse, or necdect to mark, brand, or otherwise identify opium as required by this section, shall be punished by a fine of not less than five hundred pesos nor more than five thousand pesos, or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court; and all goods on which such tax is due and not paid as required by this Act shall be subject to seizure and shall be forfeited and sold as prescribed by this Act.

Sec. 21. Ill case of the seizure of any property for the violation of the provisions of this Act, the Collector of Internal Revenue, or his duly authorized representative, shall publish a notice of such seizure once a week for three successive weeks in some news-paper of general circulation devoted to the publication of general news and published in the province in which the seizure was made, or if the seizure was made in the city of Manila, then in some newspaper published in said city. If there be no newspaper published in the province in which the seizure was made, then such notice may be published in anv newspaper in the islands devoted to the publication of ,general news. The notice shall describe the property seized and state the time, cause. and place of seizure, and shall require any person claiming such property to appear and file his claim within twenty days after the first publication of such notice.

Sec. 22. Any person claiming- seized property shall file his claim thereto as prescribed in the notice provided for in the preceding section, and shall deposit with the Collector of Internal Revenue, or his duly authorized representative, a bond executed to the Govern-ment of the Philippine Islands in the sutn of five hundred pesos, duly approved by said C:ollector of Internal Revenue, or his duly authorized representative, and conditioned that the claimant will pay all costs and expenses of proceedings for forfeiture and sale of the property in case forfeiture and sale thereof is adjudged by a court of competent jurisdiction. On the filing of such a bond, the Collector of Internal Revenue, or his duly authorized representative, shall transmit the claim and a copy of the notice of seizure to the Attorney-General, who shall commence proceedings for the forfeiture and sale of the seized property described in the notice mentioned in the preceding section.

Sec. 23. In case no claim is filed for the property within the time specified in the notice, or in case the claimant refuses to furnish the bond prescribed by the section immediately preceding, the Collector of Internal Revenue, or his duly authorized representative, shall give notice of the sale of such property by publishing- such notice in the manner prescribed for the publication of the notice of seizure. Such notice shall set forth the date, hour, and place of sale, and the fir-it publication of such notice shall be made at least ten days before the sale and shall be made in each issue of the paper in which published until and including the date of sale, provided such paper is published on said date. On the date and at the hour and place specified in the notice the Collector of Internal Revenue, or his duly authorized representative, shall sell the property seized, at public auction, and for the proceeds of the sale he shall account as for other funds received by him in his official capacity.

Sec. 24. The books, blank forms, certificates, and registers necessary to carry out the provisions of this A.ct shall be prepared by the Collector of Internal Revenue, printed by the Bureau of Printing, and furnished to wholesale dealers and retail dealers in opium at the cost of printing plus ten per cent.

Sec. 25. The Collector of Internal Revenue shall prepare and distribute regulations, directions, and instructions, not in conflict with the provisions of this Act, pertaining to the assessment, collection, arid payment of the internal-revenue tax prescribed by this Act ; and such regulations, directions, and instructions, whether general or special in character, shall have the force and effect of law when approved by the hew] of the proper Department.

Sec. 26. The Collector of Internal Revenue, with the approval of the head of the proper Department, rnnv compromise any civil or othet case arising under the provisions of this Act instead of cOmmencing or prosecuting- suit thereon, and, with the consent of the head of the proper Department, he may compromise such case if action has been begun thereon.

Sec. 27. The registration tax required to be paid by this Act shall be covered into the treasury of the municipality, township, or settlement in which collected, or if collected in the city of Manila, then into the Insular Treasury, and shall be deposited and disposed of as are all other deposits to the f.,2-,eneral fund of said municipalities, townships, settlements, or city of Manila, as the case may be.
The license tax and the internal-revenue tax required to be paid by this Act shall be covered into the Insular Treasury and shall constitute a special fund to be devoted solely to the following purposes :

First. The printing and dissemination among the people of information as to the evils resulting from the use of opium ;

Second. The payment of the reasonable expenses, in some reputable hospital, of those desiring to cure themselves of the opium habit;

Third. The payment of the expenses of such Filipino students as may be sent by the Insular Government to the United States for education;

Fourth. The payment of salaries of Filipinos who have been appointed Insular teachers;

Fifth. The construction of schoolhouses and school buildings in the various munici-palities of the Islands: Provided, That twenty-five per centum of all fines imposed by reason of violations of this Act shall be paid to the person who furnished the original evidence, and substantiated it, which led to the detection of the offense and the imposition of the ,fine. The name of the informer shall be specified in the judgment of the court when conviction is had in the court.

Sec. 28. This Act shall continue in effect until March first, nineteen hundred and eight, after which time it is made unlawful to import into the Philippine Islands opium, in whatever form, except by the Government, and for medicinal purposes only, by virtue of paragraph eighty of the Act of Congress approved March third, nineteen hundred and five, entitled "An Act to revise and amend the tariff laws of the Philippine Islands, and for other purposes."

Sec. 29. This Act shall take effect on April first, nineteen hundred and six. Enacted, March 8, 1906.

APPENDIX B.

AN ACT GRADUALLY TO RESTRICT AND REGULATE THE SALE AND USE OF OPIUM PENDING THE ULTIMATE PROHIBITION OF THE IMPORTATION OF OPIUM INTO THE PHILIPPINE ISLANDS IN WHATEVER FORM EXCEPT FOR MEDICINAL PURPOSES AS PROVIDED BY THE ACT OF CONGRESS APPROVED MARCH THIRD, NINETEEN HUNDRED AND FIVE, AND PROHIBITING ANY PERSON FROM HAVING THE POSSESSION OF OPIUM, COCAINE, OR ALPHA OR BETA EUCAINE IN ANY OF THEIR SEVERAL FORMS, OR ANI' DERII'ATIVE OR PREPARATION OF ANY OF SUCH DRUGS OR SUBSTANCES, EXCEPT FOR MEDICINAL PURPOSES, AND TO REPEAL ACT NUMBERED FOURTEEN IIUNDRED AND SIXTY-ONE AND OTHER PURPOSES.

By authority of the United States, be it enacted by the Philippine Commission, that :

Sec. I. Opium within the meaning of this Act shall embrace every kind, class, and character of opium, whether crude, prepared, or refuse, and all narcotic preparations thereof or therefrom, and all morphine or alkaloids of opium and all preparations in which opium, morphine, or any alkaloid of opium enters as an ingredient, together with all opium leaves and wrappings of opium leaves, whether such leaves or wrappings are prepared for use or not.

Sec. 2. UPOn the presentation by-any Chinese person of a written application, duly verified by his oath before an officer entitled to administer oaths, and reciting that he habitually smokes, chews, swalloi,vs, or injects opium, or is otherwise addicted to the use of opium, stating the quantity of opium consumed daily, it shall be the duty of the treasurer of the municipality or the treasurer of the township or settlement in which said application is presented, or if presented in the city of Manila then of the Collector of Internal Revenue, upon the payment to such official by the applicant of the fee herein prescribed, to register such Chinese person as a confirmed user of opium and to issue to him a certificate stating that he is addicted to the use of opium, the manner and form of its use and the quantity of the drug which Ile shall be permitted to consume per day. The certificates so issued shall be printed in quadruplicate and shall be consecutively numbered. One of the quadruplicates shall be retained by the officer issuing the same, one shall be forwarded forthwith to the treasurer of the province in which said municipality, township. or settlement is located, one shall be forwarded to the Collector of Internal Revenue, and one shall be delivered to the person registered. Beginning with the certificates for the' month of November, nineteen hundred and seven, the Collector of Internal Revenue shall reduce each month the quantity which shall be permitted to be consumed by each. registered c.onfirmed user of opium by an amount equal to fifteen per centum of the quantity allowed on the original certificate issued under this law. The fee to be charged for confirmed users' certificates provided for in this section shall be as follows: Certificates-for the period from the date of taking effect of this Act until the end of October, nineteen hundred and seven, one peso ; for the month of November, nineteen hundred and seven,. two pesos and fifty centavos ; for the month of December, nineteen hundred and seven,. five pesos ; for the month of January, nineteen hundred and eight, seven pesos and fifty centavos ; for the month of February, nineteen hundred and eight, ten pesos. No. certificates shall be honored by a dispensator of opium hereinafter mentioned except when presented by the owner during the month for which issued. All such certificates-shall be accounted for as cash at the face value thereof. Spoiled or mutilated certificates not issued shall be retained and turned in with the accounts of the responsible officer at the proper time.

Sec. 3. Any person who makes or uses a false or counterfeit certificate or other official document used in the enforcement of this Act, or who with intent to defraud has in his possession any false, counterfeit restored, or altered certificate or other official document used in the enforcement of this Act, or who alters the written or printed figures or letters upon such certificate or other official document used in the enforcement of this act, or who procures the commission of any such offense by another,, or who coiiperates or assists in the commission of any such offense, or who lends or delivers his certificate to another, shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding two years, or by both such fine and imprisonment, in the discretion of the court.

Sec. 4. (a) Except when prescribed as a medicine by a duly licensed and practising physician, it shall be unlawful for any person to smoke, chew, swallow, inject, or otherwise consume or use opium unless such person has been duly registered as provided in section two hereof and has secured the certificate therein provided. Except when prescribed as a medicine by a duly licensed and practising physician, no registered confirmed user of opium shall smoke, chew, swallow, inject, or otherwise use or consume. opium except in a duly licensed opium dispensary hereinafter provided for.
(b) Any person violating.the provision of this section shall be punished by a fine not exceeding two hundred pesos, or by imprisonment for a period not exceeding- six months, or by both such fine and imprisonment, in the discretion of the court : Provided, That in case of the commission of a second offense under the provisions of this section the person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may by order of the court be deported.

Sec. 5. (a) It shall be unlawful to sell, transfer, give, or deliver opium to any person except to a duly licensed and practising physician, pharmacist, or second-class pharmacist, or a duly licensed dispensator of opium, or duly registered confirmed user of opium in a licensed opium dispensary for consumption therein only, and in accordance with the provisions of this Act : Provided, however, That the transfer of ownership of opium, but not delivery thereof, !nay be made to licensed wholesale dealers in opiutn : And provided further, That opium may be sold, transferred, or delivered to Government Bureaus or officers duly authorized by the Governor-General to receive it, and to hospitals on permit from the Collector of Internal Revenue. Duly licensed physicians may prescribe and administer opium as a medicine, and pharmacists and second-class pharmacists may sell, transfer, give, or deliver opium as a medicinal preparation on the prescription of a duly licensed and practising physician under such regulations as may be prescribed by the Collector of Internal Revenue and approved by the Secretary or Finance and Justice.
(b) Any person violating the provisions of the preceding sub-section shall be punished by a fine not exceeding one thousand pesos, or by imprisonment, for a period not exceeding one year, or by both such fine and imprisonment in the discretion of the court Provided, That in case of the commission of a second offense under the provisions of this section, the person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may by order of the court be deported.
(c) Any physician who prescribes opium for his patients when the physical condition of said patients does not require the use of opium shall have his license to practice medicine revoked by the Board of Medical Examiners for the Philippine Islands after due notice and hearing by said Board, and shall be punished by a fine of not less than two hundred and fifty pesos nor more than one thousand pesos, or by imprisonment for a period of not less than six months nor more than one year, or by both such fine and imprisonment, in the discretion of the court.

Sec. 6. (a) Every person other than a licensed pharmacist or second-class pharmacist who imports, cooks, or prepares opium, or prepares any narcotic extract from opium, or who modifies or changes the form of any opium, or who sells or offers to sell opium in quantities of one kilo. or more, or who for himself or on commission sells or offers to sell opium to another for resale, shall be deemed to be a wholesale dealer for the purposes of this Act.
(b) The keeping of licensed opium dispensaries, not to exceed such number in any one city, municipality, township, or settlement, as may be prescribed by the Collector of Internal Revenue with the approval of the Secretary of Finance and Justice, is hereby
authorized.
(c) Opium dispensaries for the purposes of this Act shall be divided into three classes, as follows:
First class. To be kept open twenty-four hours per day or so long as the proprietor may desire.
Second class. To be kept open not over sixteen hours per day.
Third class, To be kept open not over eight hours per day.
The hours during which an opium dispensary may be kept open shall be continuous.
(d) Every opium dispensary shall be in the joint custody of an internal revenue officer and the proprietor thereof. It shall be kept securely locked when not open to users and shall at no time be unlocked, opened, or remain opened unless in the presence of an internal revenue officer.

Sec 7. (a) Except upon the prescription of a duly licensed and practising physician or upon lawful permit of the Collector of Internal Revenue it shall be unlawful for any person not a duly licensed and practising physician, pharmacist, second-class pharmacist, licensed dispensator of opium, or a duly registered user of opium, when using the same in a licensed opium dispensary only and in such quantities as may be stated in his certificate, to have in his possession opium, or any pipes, hypodermic syringes, or other *apparatus or paraphernalia to be used for smoking, injecting, or using opium in anv manner.
(b) Any person violating the provisions of this section shall be punished by a fine not exceeding five hundred pesos or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provia'ed, ;That all opium, pipes, and other opium apparatus and paraphernalia found in the possession of any person not authorized to have same shall be seized and forfeited to the Government.

Sec. 8. Every dispensator of opium shall keep and maintain on the outside of his place of business, so that the same may be seen and easily read by the public, a sign setting forth in plain, large letters the name or firm designation and the words " Licensed opium dispensary of the first," second,' or third,' class," as the case may be. For a failure to keep and maintain such sign conspicuously displayed as herein provided, or for a violation of any of the provisions of this Act, the Collector of Internal Revenue, or his duly authorized representative, may cancel the license issued to such dispensator of opium, and such dispensator of opium shall not be entitled to the return of any money paid by him for such license.

Sec 9. (a) Within ten days after this Act shall go into effect every person having opium in his possession, except a duly licensed and practising physician, licensed pharmacist or second-class pharmacist, Bureaus or officers of the Government authorized by law or by the Governor-General to have possession of the same, shall deliver to the treasurer of the province in which the opium is located, or if located in the city of Manila then to the Collector of Internal Revenue, all opium in his possession or under his control, and the official to whom the opium is so delivered shall issue receipt for same, store the opium in a safe place, and report to the Collector of Internal Revenue immediately the name of the-person making delivery, the quantity and kind delivered, and such further information as may by regulation of the Collector of Internal Revenue be required. Opium scr delivered shall not be released except on permit of the Collector of Internal Revenue.
(b) Reasonable charges to cover actual expense of storage and care of opium may be imposed by the Collector of Internal Revenue.
(c) Any person failing to deliver the opium in his possession or under his control as prescribed in this section shall be punished by a fine not exceeding five thousand pesos, or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court ; and all opium not so delivered by such person shall be seized, forfeited, and sold as prescribed by this Act.

Sec. 10. All imported opium shall be delivered by the customs authorities, after payment of all proper duties, taxes, and charges thereon, to the Collector of Internal Revenue or to his duly authorized representative only, for storage in a place to be approved by the Collector of Internal Revenue, and neither the whole nor any part of the opium so stored shall be removed from such building or place except to an opium dispensary, or for export, in accordance with regulations prescribed by the Collector of Internal Revenue and approved by the Secretary of Finance and Justice, or on a pertnit from the Internal Revenue. Opium stored or withdrawn in any manner other than that prescribed by this Act, or by regulations of the Collector of Internal Revenue made hereunder and approved by the Secretary of Finance and Justice, shall be seized and confiscated.

Sec. 11   (a) Every dispensator of opium, pharmacist, and second-class pharmacist shall keep
a book in which he shall enter, in Spanish and English, the full quantity of opium received by him from every source, the date on which the same was received, the person from whom received, and the authorization for its receipt, the kind received, the price thereof, the date and hour of each and every sale or delivery made by him, the quantity and kind of opium sold or delivered by him, the name and authorization of the person purchasing or receiving the same, the quantity and kind of opium transferred on permit, the date of such transfer, the name a.nd address of the person to whom transferred, together with the number of the permit for withdrawal or removal, and such other information as may be prescribed by the Collector of Internal Revenue.
Every pharmacist and second-class pharmacist shall likewise make, and keep a similar record in regard to all cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances received, sold, delivered, or transferred by him. Pharmacists and seconi-class pharmacists may, on proper permit to be obtained from the Collector of Internal Revenue, or his duly authorized agent, transfer opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, to other pharmacists and second-class pharmacists.
(b) Any dispensator of opium or licensed pharmacist or second-class pharmacist who shall fail to keep the book and make true entries therein, as prescribed by this section, shall be punished by a fine not exceeding five thousand pesos, or by imprisontnent for a period not exceeding five years, or by both such fine and imprisontnent, in the discretion of the court, and the license of such pharmacist or second-class pharmacist, shall be revoked by the Board of Pharmaceutical Examiners for the Philippine Islands after due notice and hearing.

Sec. 12. Should any dispensator of opium, pharmacist, or second-class pharmacist fail to make and keep the record book prescribed in the next preceding section of this Act, or should an inspection of the opium, cocaine, alpha or beta eucaine or any derivative or preparation of such drugs or substances on hand, or should an examination of the books of any dispensator of opium, phartnacist, or second-class pharmacist, disclose a greater or less quantity of such articles than the difference between the receipts of such articles and the sales, transfers, or withdrawals thereof, respectively, should justify, then said dispensator, pharmacist, or second-class pharmacist, as the case may be, shall pay the Government of the Philippine Islands, as a penalty, double the value of any deficiency or excess that may exist, and all opiutn and opium pipes, hypodermic syringes, and apparatus or paraphernalia for smoking or using opium which are found on the premises on which the opium business is carried on and conducted shall be seized and forfeited : Provided, That the dispensator may be relieved in whole or in part from the penalties, seizure, and forfeiture provided in this section whenever in the opinion of the Collector of Internal Revenue, with the approval of the Secretary of Finance and Justice, such relief is just and equitable.

Sec. 13. It shall be unlawful for any dispensator of opium to sell or give opium to any person except to a duly registered user or on permit from the Collector of Internal Revenue.
Each sale, gift, or delivery of opium to a duly registered user shall be entered on the back of his certificate or on an official slip for that purpose attached to the certificate by an internal revenue officer showing the date and hour of sale, gift, or delivery and the atnount sold, given, or delivered, and it shall be unlawful for a dispensator to sell, give, or deliver to a registered user of opium in a greater quantity than that stated on his certificate as one day's allowance or the difference between that stated as one day's allowance and the amount noted on the back of the certificate as having- been sold, given, or delivered to him that day, or for a dispensator of opitun to sell, give, or deliver to a egistered user of opium any opium when the entry on his certificate shows that he has been furnished his full allowance for that day.
Any person violating the provisions of this section shall be punished by a fine of not less than five hundred pesos and not more than five thousand peso3, or by imprisonment for not more than two years, or by both such fine and imprisonment, in the discretion of the court: Provided, That in case of the commission of a second offense under the provisions of this section the person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may by order of the court be deported.

Sec. 14. The books and stock of opium of dispensators of opium or of pharmacists or second-class pharmacists shall be subject to inspection at any time by the Collector of Internal Revenue, or his duly authorized representative, and any dispensator of opium or pharmacist or second-class pharmacist failing, refusing, or neglecting to allow such inspection immediately upon demand made by the Collector of Internal Revenue, or his duly authorized representative, shall be punished by a fine not exceeding one thousand pesos, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court.

Sec. 15. (a). No person shall import, cook, or prepare opium, or engage in the business of purchasing or selling opium or of dealing or trafficking therein, unless Ile shall have first secured from the Collector of Internal Revenue a license to transact such business and shall have paid the license tax prescribed by this Act. Crude opium shall not be sold to any person who is not a duly licensed wholesale dealer, and then only subject to all the provisions of section five: Provided, That duly licensed pharmacists and second-class pharmacists may import, buy, sell, and prepare, opium for medicinal purposes, without securing the license prescribed by this section, under such regulations as the Secretary of Finance and Justice may prescribe on the recommendation of the Director of Health and the Collector of Internal Revenue.
(b) Any person violating the provisions of this section shall be punished by a fine of not less than five hundred pesos nor more than two thousand pesos, or by imprisonment for a period not more than one year, or by both such fine and imprisonment, in the discretion of the court.

Sec. 16. Before any license is issued to any \vholesale dealer in opium, or to any dispensator of opium, the Collector of Internal Revenue shall require that such wholesale dealer or dispensator of opium shall execute to the Government of the Philippine Islands a good and sufficient bond in the sum of ten thousand pesos, duly approved bv the Collector of Internal Revenue, and conditioned that said wholesale dealer or dispensator of opium will well and truly pay the internal-revenue taxes, fines and penalties imposed by this Act ; that Ile will not withdraw or remove any opium from the place in which it is law-fully kept or stored except as prescribed by this Act, or by regulations of' the Collector of Internal Revenue made hereunder and approved by the Secretary of Finance and Justice ; and that he will well and truly comply with the provisions of this Act and perform all the duties by it required of him to be performed.

Sec. 17. Every wholesale dealer in opium shall pay to the Collector of Internal Revenue a monthly license tax of one hundred pesos, and every dispensator of opium shall pay a monthly license tax in the following amounts : For a first-class opium dispensary, two hundred and fifty pesos; for a second-class opium dispensary, one hundred and seventy-five pesos; and for a third-class opium dispensary, one hundred pesos, which taxes shall be paid in advance. In case any wholesale dealer or dispensator of opium begins business after the first day of a month, he shall pay for the whole month: Provided, however, That this shall not apply to the month of October, nineteen hundred and seven, for which month he shall pay one-half of the amount hereinbefore prescribed : And provided further, That no license shall be issued to any person authorizing him to sell opium outside of a licensed opium dispensary, and that any person, except a duly licensed and practising physician or a pharmacist or second-class pharmacist, selling, giving, furnishing, or otherwise disposing of opiutn outside of a licensed opium dispensary, shall be punished by a fine not exceeding one thousand pesos, or by imprisonment, for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court; and in addi--don all of' the stock of opium found in the possession of any such person shall be seized and forfeited.

Sec. 18. Persons doing- business as copartners in any one place shall be required to pay but one license tax. Should a dispensator of opium engage in business in more than one place, he shall pay the prescribed license tax for each place in which he carries on business: Provia'ed, however, That if the business of a dispensator or of a wholesale dealer in opium is transferred to a place other than that for which the license was issued, the Collector of Internal Revenue may transfer the license to the new place of business, and in such case no additional license tax shall be exacted: And provided further, That when any person to whom a license is issued dies during the term of the license, his heirs, executors, administrators, or other legal representative, may, without the payment of an additional tax, carry on, for the rest of the term covered by the license, the business for which the license was issued.

Sec. 19. Unless otherwise provided by this Act, the payment and collection of all taxes and of all judgments and moneys recovered and received for taxes, costs, forfeitures, and penalties imposed by this Act and the accounting therefor shall be made as prescribed by Act Numbered eleven hundred and eighty-nine, as amended, and the regulations of the Collector of Internal Revenue issued thereunder.

Sec 20. (a) Before any imported opium shall be released from the custom-house there shall be paid thereon an internal-reyenue tax as follows: On crude opium, two pesos and fifty centavos a kilo., net weight; and on prepared opium, seven pesos and fifty centavos a kilo., net weight. Beginning with the first day of November, nineteen hundred and seven, the internal-revenue tax on imported opium shall be increased each month by an amount equal to twenty per centum of the original tax imposed herein until March first, nineteen hundred and eight, on and after which date the said tax on opium permitted to be imported by the Act of Congress of March third, nineteen hundred and five, shall be as follows: On crude opium, five pesos a kilo., net weight; and on prepared opium, fiaeen pesos a kilo., net weight. The date of 'Payment of this tax shall for the purpose of this section be considered the date of importation.' This tax shall be paid to the Collector of Customs, under regulations prescribed by the Collector of Internal Revenue, with the approval of the Secretary of Finance and Justice.
On all opium cooked or prepared in the Philippine Islands every wholesale dealer shall pay to the Collector of Internal Revenue at the time of such cooking or prepara-tion an additional internal-revenue tax of five pesos on each kilo., net weight, of such cooked or prepared opium. Beginning with the first day of November, nineteen hundred and seven, the internal-revenue tax on opium cooked or prepared in the Philip-pine Islands shall be increased each month by an amount equal to twenty per centum of the orig,inal tax imposed herein. The burden of proving that the internal-revenue tax hereby imposed has been paid shall be upon the wholesale dealer.
Net weight shall be determined by, the customs laws and regulations covering the importation of opium into the Philippine Islands.
Before any opium is withdrawn or removed from the place in which it is kept or stored, as prescribed by this Act, it shall be marked, branded, or otherwise identified in the manner prescribed by the Collector of Internal Revenue and approved by the Secretary of Finance and Justice.
(b) The cooking or preparation of opium, or the changing of its form in any manner, except for medicinal purposes by duly licensed and practising physicians, pharmacists, and second-class pharmacists, shall be done only under the supervision of the Collector of Internal Revenue, or his duly authorized representative, in a place to be designated and provided by the Collector of Internal Revenue, and all cooking or prepara-tion of opium, or the changing of its form, shall in any case be subject to the inspection of the Collector of Internal Revenue,

Opium so prepared shall be immediately returned to the place of storage as provided for by, this Act and shall not be released except in the manner provided herein.

The Collector of Internal Revenue is hereby authorized to make provision for the storage and preparation of opium, and to charge reasonable fees for such storage and place of preparation and for services rendered in connection with the records and the preparation of opium. Such charg-es shall constitute a lien upon the opium, which can be removed only by payment of all charges due.
(c) Any dealer in opium failing, refusing, or neglecting to pay the internal-revenue tax as prescribed by this section, or who shall fail, refuse, or neglect to mark, brand, or otherwise identify opium as required by this section, or who shall in any other manner violate the provisions of this section, shall be punished by a fine of not less than five hundred pesos nor more than five thousand pesos, or by imprisoninent for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court; and all goods on which such tax is due and not paid as required by this Act shall be seized and forfeited.

Sec. 21. In case of the seizure of any property for the violation of any provision of this Act, the Collector of Internal Revenue shall publish a notice of such seizure once a week for three successive weeks in some newspaper of g-eneral circulation devoted to the publication of general news and published in the province in which the seizure was made, or if the seizure was made in the city of Manila, then in some newspaper published in said city, If there be no newspaper published in the province in which the seizure was made, then such notice may be published in any newspaper in the Islands devoted to the publication of general news. The notice shall describe the property seized and state the time, cause, and place of seizure, and shall require any person claiming- such property to appear and file his claim within twenty days after the first publication of such notice.

Sec. 22. Any person claiming such seized property shall file his claim thereto as prescribed in the notice provic-led for in the preceding- section, and shall deposit with the Collector or Internal Revenue a bond executed to the Government of the 'Philippine Islands in the sum of five hundred pesos; duly approved by said Collector of Internal Revenue, and conditioned that the claimant will pay all costs and expenses of forfeiture and sale of the property in case forfeiture and sale thereof are adjudged. On the filing of such a bond the Collector of Internal Revenue shall proceed ag-ainst such seized property in the same manner as is prescribed by Act Numbered eleven hundred and eighty-nine, as amended, for the forfeiture and sale of property seized thereunder.

Sec. 23. The books, blank forms, certificates, and registers necessary to carry out the provisions of this Act shall be prepared by the Collector of Internal Revenue and furnished to wholesale c-lealers and c-lispensators of opium at cost plus ten per centum.

Sec. 24. The Collector of Internal Revenue is hereby authorized and empowered to prepare and distribute regulations, directions, and instructions for the carrying out of the provisions of this Act ; and such reg-ulations, directions and instructions, not inconsistent with this Act, whether general or specific in character, shall have the force and effect of law when approved by the Secretary of Finance and Justice.

Sec. 25 The Collector of Internal Revenue, with the approval of the Secretary of Finance and Justice, may compromise any civil or other case arising under the provisions of this Act instead of commencing or prosecuting suit thereon, and, with the consent of the Secretary of Finance and Justice, he may compromise such case after action has been begun thereon.

Sec. 26. The registration tax required to be paid by this Act shall be covered into the treasury of the municipality, township, or settlement in which collected, or if collected in the city of Manila then into the Insular Treasury to the credit of said city, and shall be deposited and disposed of as are all other deposits to the general fund of said muni-cipalities, township, settlements, or city of Manila, as the case may be.
The license tax and the internal-revenue tax required to be paid by this Act, except license taxes upon wholesale dealers and opium dispensaries, shall be covered into the Insular Treasury and shall constitute a special fund to be devoted solely to the following purposes:

First. The printing and dissemination among the people of information as to the evils resulting from the use of opium;

Second. The payment of the reasonable expenses, in some reputable hospital, of those desiring to cure themselves of the opium habit ;

Third. The payment of salaries of Filipinos who have been appointed Insular teachers;

Fourth. The construction of schoolhouses and school buildings in the various muni-cipalities of the Islands ; Provided, That twenty-five per centum of all fines imposed by reason of violations of this Act shall be paid to the person who furnished the original evidence, properly substantiated, which led to the detection of the offense and the imposi-tion of the fine. The name of the informer shall be specified in the judgment of the court when conviction is had in a court: Provided, That in all cases in which no fine is imposed but where the sentence is one for imprisonment or deportation, or when compromise is effected as provided in section twenty-five hereof, there shall be paid to the informer an amount approved by the Secretary of Finance and Justice, not exceeding one thousand pesos in any one case, and said moneys are hereby appropriated for the purposes of this section and shall be expended therefor on the approval of the Governor-General.

Sec. 27. The license taxes on wholesale dealers and opium dispensaries and storage charges and fees for services rendered as provided for herein shall constitute a special fund, which is hereby made available for expenditure in the temporary employment of special internal-revenue officers, renting of buildings, furnishing supplies, and for such other purposes as may be necessary in the carrying out of the provisions of this Act, and said moneys are hereby appropriated for the purposes of this section and shall be expended therefor on the approval of the Governor-General.

Sec. 28. No person shall inhale, snuff, chew, swallow, inject, or otherwise use or permit to be used in or on his body any cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, except upon the prescription of a duly licensed and practising physician or except as otherwise specially provided in this Act.

Sec. 29. The possession of any opium pipe, hypodermic syringe, apparatus, instrument, or paraphernalia for using or smoking opium or any hypodermic syringe for using cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, or any other apparatus or instrument especially designed for using any of said drugs or substances in or on the human body, shall be deemed prima facie evidence that the person in possession of such opium pipe, hypodermic syringe, apparatus, instrument, paraphernalia, or articles, has used some one of such prohibited drugs or substances, or the drug or substance for the use of which such apparatus, instrument, and paraphernalia are especially designed, without the prescription of a duly licensed and practising physician, unless such prescription is produced by such person.

Sec. 30. On and after March first, nineteen hundred and eight, it shall be unlawful for any person to hold or to have in his possession or under his control or subject to his disposi-tion any opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances: Provided, however, That Government Bureaus or officers of the Government duly authorized by law or designated in writing by the Governor-General may have, hold, and dispose of any such drugs or substances in accordance with law : And provided further, That duly licensed and practising physicians, pharmacists, and second-class pharmacists, or persons holding and having such drugs and substances on the prescription of a duly licensed and practising physician, may have, hold, possess, and dispose of such drugs and substances for medicinal purposes only : And provided further, That on and after March first, nineteen hundred and eight, whenever opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, is found on, about, in the possession of, or under the control of, any unauthorized person, such opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, shall be seized and forfeited to the Insular Government.

Sec. 31. Any unauthorized person owning, carrying, holding, having, controlling, having possession of, or knowingly having on his premises, any opium, cocaine, alpha or beta eucaine, or any derivative or preparation of such drugs or substances, on and after March first, nineteen hundred and eight, shall be punished by a fine not exceeding ten thousand pesos, or by imprisonment for a period not exceeding five years, or by both such fine and imprisonment, in the discretion of the court : Provided, however, That in the case of the commission of a second offense under the provisions of this section, any person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may, by order of the court, be deported.

Sec. 32. On and after March first, nineteen hundred and eight, it shall be unlawful for any person in the Philippine Islands to inhale, smoke, chew, swallow, inject, or otherwise use or permit to be used in or on his body any opium, except for medicinal purposes, and then only upon prescription of a duly licensed and practising physician.
Any person violating any of the provisions of this section shall be punished by a fine not exceeding ten thousand pesos, or by imprisonment for not exceeding five years, or by both such fine and imprisonment, in the discretion of the court: Provided, hozuever, That in the case of the commission of a second offense under the provisions of this section, any person so convicted, if other than a citizen of the United States or a citizen of the Philippine Islands, may, by order of the court, be deported.

Sec. 33 Act Numbered fourteen hundred and sixty-one, entitled " An Act for the purpose of restricting the sale and suppressing the evil resulting from the sale and use of opium until March first, nineteen hundred and eight, when its importation or use for any but medicinal purposes is forbidden by Act of Congress," is hereby repealed.

Sec. 34. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of " An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

Sec. 35. This Act shall take effect on October seventeenth, nineteen hundred and seven.
Enacted, October io, 1907.

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APPENDIX C.

The following is the Act of Congress of March 3rd, 19o5, on which the Philippine legislation was based :—

" AN ACT TO REVISE AND AMEND THE TARIFF LAWS OF THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES.

Sec. 13. (Rates on imports.)

Class III.—Substances employed in pharmacy and chemical industries, and products composed of these substances.

So. Opium :

(a) Crude, N. W., kilo., four dollars ;

(b) The same manufactured or prepared for smoking or other purposes, N. W., kilo., five dollars. Provided, hozuever, That the Philippine Commission or any subsequent Philippine legislature shall have the power to enact legislation to prohibit absolutely the importation or sale of opium, or to limit or restrict its importation and sale, or adopt such other measures as may be required for the suppression of the evils resulting from the sale and use of the drug: Ana' provided further, That after March first, nineteen hundred and eight, it shall be unlawful to import into the Philippine Islands opium, in whatever form, except by the Government, and for medicinal purposes onlv, and at no time shall it be lawful to sell opium to any native of the Philippine Island's except for medicinal purposes. (33 Stat. L. 944.)"