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August 29, 1925


JAMA. 1925;85(9):680-681. doi:10.1001/jama.1925.02670090036013

Recently the collector of internal revenue at Nashville refused to register under the Harrison Narcotic Act twenty-five physicians who were under indictment for alleged violations of it. In 1922 a court of competent jurisdiction decided that a collector had no right to refuse registration under such circumstances, and the Bureau of Internal Revenue took no appeal from that decision. At that time the United States District Court for the Northern District of Georgia1 thus disposed of the collector's claims:

But to prohibit a practicing physician from prescribing narcotics unless he registers, and then to refuse to register him, would, to that extent, be to prohibit and regulate his practice of medicine, a thing within the province of the state, and not of the United States, and in contradiction of the revenue purposes of the act.... The determination of who may properly practice medicine or otherwise dispense drugs belongs to

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