Ex Parte Hallawell

Petitioner was convicted of a violation of ■section 8 of an act entitled “An act regulating the sale of poi.sons in the state of California and providing a penalty for the violation thereof.” (Stats. 1907, p. 124.) His contention is that the act is void. He had made previous application ■for his discharge to the court of appeals for the second appellate district, and was remanded to custody. The opinion and •conclusion of the court of appeals is reported in 8 Cal. App. 563 , [ 97 Pac. 320 ], With what is there said we are in full accord. Petitioner urges other considerations not discussed by the court of appeals, which he insists show the invalidity of the law in question. These may be briefly considered.

Thus, he urges that while the sale or disposition of poisons may be subject to reasonable regulation by the state, the act in question is not reasonable, since it regulates merely the sale of poisons, declaring that they shall be sold only upon physicians’ certificate, and does not at all prohibit the giving of them away. To this it may be answered that the legislature doubtless had not perceived that the extravagant generosity of pharmaceutists in giving away their poisonous…