No. 280.
Mr. D. W.
Stevens to Mr. Evarts.
United
States Legation,
Tokio,
Japan, September 9, 1878. (Received
December 6, 1878.)
No. 5.]
Sir: On the 23d ultimo his excellency the minister
for foreign affairs forwarded to Mr. Bingham a copy of regulations whereby
the Japanese Government seeks to control the importation of opium and its
sale by foreign apothecaries in this empire.
The several articles of the regulations provide for the vending of medicinal
opium by the imperial Japanese laboratories to licensed apothecaries in
quantities not to exceed five ounces upon each application; for the resale
of such opium by apothecaries only upon physicians’ certificates or
prescriptions; for the examination of such certificates and prescriptions by
Japanese officials: and for the refusal to sell opium to any apothecary who
shall fail to observe the conditions of the regulations.”
The Japanese Government, on the 24th ultimo, and for several days thereafter,
caused these regulations to be published in the foreign newspapers at
Yokohama. I have the honor to inclose herewith duplicate-copies of such
publication as it appeared in the Japanese Daily Herald.
The regulations have given rise to considerable comment in the foreign press
here, generally of an unfavorable nature. It is said the regulations,
especially article 6, are a violation of the ex-territorial rights of
foreigners. I understand that this is the view taken by the British and
French ministers, who are directly interested, as of the four apothecaries
in this city and Yokohama three are English and one French.
I have, &c.,
[Inclosure in No. 5.—Extract from the
Japanese Daily Herald, October 24, 1878.]
regulations for the sale of opium.
Permission to foreigners for obtaining opium, for medicinal purposes
only, will hereafter be granted by the Japanese Government in accordance
with the following regulations:
- Article 1. Supplies of opium can be
obtained only at the open ports and cities in
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Japan, on application to the
imperial Japanese laboratories (Siyakujio) under control of the home department; or where
no such laboratories exist, to the local government
offices.
- Art. 2. Opium will be supplied only
to those who are licensed by their respective governments as
apothecaries.
- Art. 3. The opium to be supplied as
above shall, in the dried and powdered state, contain from 8 to
12 per cent. of morphine, and each package will be labeled with
the stamp of the imperial Japanese laboratory. The quantity of
opium to be supplied at one time shall not exceed 40 momme (about 5 ounces).
- Art. 4. Any apothecary who wishes to
obtain a supply of opium must apply in writing, setting forth
his name, residence, nationality, and date in full, on
application, together with the quantity of opium which he
requires.
- Art. 5. Apothecaries who have been
supplied with opium as above provided, shall sell the same only
to such persons as are provided with the prescription of a
physician, or to any physician upon his written certificate that
the same is required for his professional use. The sale of opium
to any other person is strictly forbidden.
- Art. 6. Any apothecary requiring a
further supply of opium shall, on every application to the
imperial laboratory, produce a statement showing the quantity of
opium previously supplied by the laboratory to him, and the
quantity sold by him, and also the total quantity used by him in
preparing and compounding medicines out of the amount so
received, together with a statement of the quantity remaining on
hand.
- Certificates and prescriptions of physicians referred to in
the preceding article, and also the statement describing the
medicines compounded, together with the quantity of opium used
in their preparation, as stated in the present article, shall be
kept for examination by the officials of the Japanese Government
whenever required.
- Art. 7. Any apothecary failing to
produce the statement alluded to in the 6th article, or who
shall sell or transfer opium to persons not provided with the
prescription of a physician, or to a physician without his
written certificate indicating that the same is required for his
professional use, shall be denied any further supply of such
opium; and apothecaries suspected of having disposed of opium
for smoking purposes, shall also be denied a further supply of
opium.
Central sanitary board, imperial
Japanese home department, the 24th day of the 10th month of the 11th
year of Meiji.
P. S.—The foregoing regulations will be in force in Tokio and
Yokohama from the 28th day of the 10th month at this office; and due
notice of the time when they will come into force at the other ports
and cities will be given at the government laboratory, or at the
local government offices in each open port and city.