Ex parte Shen

The petitioner was convicted in the police court of the city and county of San Francisco of selling opium without a physician’s prescription under order No. 2085 of the board of supervisors, approved July 18, 1889. Section 1 of the ordinance provides that “It shall be unlawful for any apothecary .... or any person whatever to sell .... to any person in the city and county of San Francisco any opium .... except upon written prescription or written order of a practicing physician, as provided in this order, and- except upon the day of the date of said prescription or order.” Section 2 of the order provides that every person selling opium, etc., must keep a book and record therein the sale, the name, age, sex, color of the person receiving the poison, the name and quantity thereof, as well as the name of the physician and the name and residence of the patient, and that there shall be attached-to the bottle or parcel containing the article the name thereof, together with the name of the physician, the name of the druggist or other person who sells the article, and his place of business. Section 3 provides that the prescription or order must be dated and signed by a physician, who must…