SEC. 2274. The reports of the secretary of state, auditor of state, attorney general, superintendent of public instruction, superintendent of insurance, state railroad commissioner, board of agriculture, chief inspector of mines, and the commissioner of labor statistics, shall be bound in muslin. The reports of other state officers and boards, and of the benevolent and correctional institutions, shall be bound in brochure covers, unless otherwise ordered by the general assembly.

SEC. 12521. Whoever disturbs, injures or destroys a tree, plant, lawn, embankment, decoration or other property, or kills, injures or disturbs a water fowl, water animal, bird or game kept as a semi-domestic pet upon an island or within the boundary lines of Buckeye lake, Indian lake or Portage lake, or an embankment or state lands adjacent thereto, shall be fined not less than twenty-five dollars nor more than two hundred dollars and imprisoned one day for each dollar of fine and costs until paid or he is discharged upon the order of the board of agriculture.

SEC. 12523. Whoever traps or hunts upon lands, pond, lakes or private waters of another, except water claimed by riparian right of ownership in adjacent lands, or thereon shoots, shoots at, catches, kills, injures or pursues a bird, wild fowl or wild animal without obtaining written permission from the owner or his authorized agent, shall be fined not less than ten dollars nor more than fifteen dollars, and, for each subsequent offense, shall be fined not less than fifteen dollars nor more than fifty dollars. In default of payment of such fine and costs, he shall be committed to the jail of the county or to a workhouse and there confined one day for each dollar of such fine and costs. He shall not be discharged therefrom except upon payment of the portion of the fine and costs remaining unsatisfied, or upon the order of the board of agriculture.

SEC. 265. Upon receiving from the county auditors the reports required of them showing the number of sheep killed or injured by dogs, the loss sustained by reason thereof, the amount paid thereon by the county, and the balance of the fund for that purpose, the auditor of state shall prepare and furnish the board of agriculture a statement embodying the information so received and presented by counties, for publication in the annual report of the board.

SEC. 1177-21. The board of agriculture shall keep a record of its acts and investigations, and shall make an annual report to the governor giving the results of its activities with such recommendations as it may deem proper. The board of agriculture may also publish and distribute bulletins from time to time on matters of general interest relating to the work of the board.

SEC. 123. Each section of this act, and every part thereof is hereby declared to be an independent section and part of section, and if any section or part of a section is void or ineffective for any cause it shall not affect any other section or part of a section of this act.

SECTION 2. (G. C. 1082). The board of agriculture shall succeed to and be possessed of the rights, authority and power now exercised by the agricultural commission, unless otherwise specifically provided by law. It shall also succeed to and be in control of all records, land, moneys, appropriations and other property, real or personal now or hereafter held for the benefit of said agricultural commission: Provided, however, that the records, lands, moneys, appropriations and other property, belonging to the experiment station and the division of forestry and experiment farms shall be transferred to the board of control of the experiment station; and provided further that all books, records and other property belonging to or in the custody of the division of farmers' institutes shall be

transferred with this division to the trustees of the Ohic state university.

SECTION 3. That said original sections 1079 to 1089 inclusive, 1091 to 1136 inclusive, 1136-1, 1137 to 1169 in clusive, 1177-12 to 1177-20 inclusive, 1390, 12757, 1850, 12743 5782, 12798, 12794, 6336, 7965, 7965-1, 7965-2, 2616, 1391 tc 1394 inclusive, 1405, 1411, 1421, 1422, 1423, 1424, 1435, 1437 1438, 1445, 1446, 1453, to 1455 inclusive, 1460, 485, 2269 2274, 12521, 12523, 265 and section 1090 of the Genera Code, sections 1129, 1130, 1131, 1132, 1133, 1134, 1136 1136-a, 1137 and 1138 as amended by an act passed Apri 15th, 1913 and approved May 7th, 1913, (103 O. L. 515) and sections 122 and 123 of an act "to create the agricul tural commission of Ohio and to prescribe its organization its powers and its duties" approved May 3d, 1913, (O. L 103, p. 240), be and the same are hereby repealed.

CHARLES D.. Conover,

Speaker of the House of Representatives.

JOHN H. ARnold,

Passed April 21, 1915.

President of the Senate.

Approved April 21, 1915.

FRANK B. WILLIS, Governor.

Filed in office of Secretary of State April 22, 1915.

ENFORCEMENT OF LAWS RELATING TO THE SALE

OF COCAINE AND THE PRACTICE OF
PHARMACY.*

SEC. 12672. [Sale of cocaine regulated.] Whoever sells, barters, furnishes or gives away, directly or indirectly, or has in his possession for the purpose of selling, bartering, furnishing or giving away, directly or indirectly, any quantity of cocaine, alpha or beta eucaine or alypin, morphine, acetyl-morphine, di-acetyl-morphine, diacetyl-ester-morphine, ethyl morphine, heroin, chloral hydrate, opium, or any of their alkaloids, salts, derivatives or compounds, or any synthetic equivalent thereof either as to the physical properties or physiological action, except upon the original written prescription of a physician, dentist, or veterinary surgeon duly licensed under the laws of this state, when prescribing for their patients for actual and necessary purposes in the proper practice of their respective professions, which prescription shall contain the name of the physician, dentist, or veterinary surgeon issuing it, the date of issue and the name of the person for whom it is issued; or fails to keep such prescription on file for at least two years, in such manner that it is accessible at all reasonable times to the inspection of the proper officer or officers of the law and the agricultural commission, or fills said prescription

* House Bill No. 132, (1915), amending these sections and transferring the powers that they confer to the state board of pharmacy passed both houses of the General Assembly, but was vetoed by the governor. This left these sections unrepealed.

By virtue of the law creating the board of agriculture of Ohio (0. L., v. 106 p. 177), which provides that "The Board of agriculture shall succeed to and be possessed of the rights, authority and power now exercised by the agricultural commission, unless otherwise specifically provided by law," the powers conferred and the duties imposed by the foregoing sections will devolve upon the board of agriculture of Ohio.

(71)

more than once, shall be fined not less than twenty-five dollars, nor more than five hundred dollars, or imprisoned in the county jail not less than thirty days or more than six months, or both, at the discretion of the court, for the first offense, and for each subsequent offense shall be imprisoned not less than one year or more than five years in the penitentiary. If it be made to appear to the court that the person so convicted is addicted to the use of any of the above mentioned drugs or substances, the court, with the consent of such person may commit such person to a hospital or other institution for the treatment of such person. This section does not extend to sales at wholesale of any quantity of the above mentioned drugs to duly registered pharmacists, physicians, dentists or veterinary surgeons; and shall not apply to liquid preperations sold in good faith as medicines containing not more than two grains of opium or not more than onefourth 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 ten grains of chloral hydrate in one fluid ounce, or if a solid preparation, in one avoirdupois ounce. (O. L. 103, p. 505.)

SEC. 12672-1. [Possession prima facie evidence of violation.] The finding in the possession of a person who is not a wholesale dealer in drugs, a registered pharmacist, physician, dentist or veterinary surgeon, of any quantity of cocaine, alpha or beta eucaine or alypin, morphine, acetyl-morphine, di-acetyl-morphine, di-acetyl-ester-morphine, ethyl-morphine, heroin, chloral hydrate, opium, or any of their alkaloids, salts, derivatives or compounds, or any synthetic equivalents thereof either as to the

The court of appeals in State v. Lathrop declared section 12672 G. C. repealed by the agricultural commission act of 1913. The supreme court, November 16, 1915, reversed this decision and declared the corresponding section of said agricultural commission act repealed by the act "restricting the selling, bartering or giving away of cocaine, opium, morphine and other drugs" etc. (O. L. 103, p. 505).