
    SALES OF DENATURED ALCOHOL.
    Common Pleas Court of Montgomery County.
    Stephen J. Krizen v. State of Ohio.
    
      Poison — Registration of Sales of Denatured Alcohol — Relief from the Making of a Full Record Not Afforded By Subsequent Legislation — Sections 12666 and 12667.
    
    Relief from the provisions of Section 12667, as to registration of sales of denatured alcohol with inquiry as to the identity of the purchaser, proposed use, etc., is not afforded by Sec. 12708-1,-12708-2 or 12708-3.
   SNEDIKER, J.

This case is on error to the judgment of the Municipal Court, criminal division, where the plaintiff in error w.as tried, found guilty and sentenced on a charge that he “did unlawfully sell to one A. G. Snow a certain poison, to-wit, eight oz. denatured alcohol; that the said Steve Krizen did not then and there legally register the sale thereof under the laws of the State of Ohio, Section 12667, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State of Ohio.”

The section of the code under which this prosecution was brought reads as follows:

“Whoever sells or delivers to any person a substance named in the next preceding section without having first learned by due inquiry that such person is aware of the poisonous character thereof and that it is desired for a lawful purpose or without plainly labeling the word “poison,” and the names of two or more antidotes therefor, upon the box, bottle or package containing it or delivers such substance without recording in a book kept for the purpose, the name thereof, the quantity delivered, the purpose for which it is alleged to be used, the date of its delivery, and the name and address of the purchaser and the name of the dispenser or fails to preserve said book for five years and submit it at all times for inspection to proper officers of the law, shall be fined not less than ten dollars nor more than fifty dollars.”

The preceding section here referred to is 12666, which was passed by the legislature to regulate the sale of poison and has heretofore generally been read in connection with Section 12667. Section 12666 reads, so far as necessary for our purposes:

“Whoever, knowingly sells or delivers to any person otherwise than in the manner prescribed by law but without the written order • of an adult, to a minor under sixteen years of age, any of the following described substances or any poisonous compounds, combinations or preparations thereof, to-wit: * * * or other virulent poison, shall be fined not less than ten dollars nor more than fifty dollars, etc.”

The testimony in this case supports the affidavit as to the fact that Snow, who is employed by the Ohio State Board of Pharmacy and whose duties are to inspect drugstores and investigate the sale of poisons, went on the 8th day of January, 1925, to the Krizen Hardware Company, located at the corner of Ohio and Montana avenues in this city; that he there asked for Mr. Krizen and finding that he was speaking to him, told him that he wanted to buy a half pint of denatured alcohol. Mr. Krizen promptly stepped behind the counter and gave him the half pint of denatured alcohol in the bottle which Mr. Snow had with him and which he furnished for the purpose. He was charged ten cents. Krizen did not ask him any questions as to his name or the purpose for which it was to be used, nor did he in any book or upon any paper take down the name and address of the purchaser and further comply with the provisions of Section 12667 as to keeping a complete record of the transaction. Snow came back to his hotel carrying with him his bottle full of denatured. alcohol and promptly made out the affidavit which was filed against Mr. Krizen and under which the prosecution was had leading to his conviction. One of the facts proven was that denatured alcohol is a virulent poison.

Counsel for Krizen contend that since the enactment of the Act of April 4, 1923, the sale of denatured alcohol is not subject to the provisions of Section 12667. This act has been divided into sections which are made subdivisions of Section 12708. 12708 was passed by the legislature as an exception to certain preceding sections (No. 12705 and No. 12706) providing that a retail drugstore must be conducted by a legally registered pharmacist, etc., and providing against the unlawful sale of drugs by one not a legally registered pharmacist, etc. The exception found in Section 12708 is one permitting the selling of paris green when put up in bottles or boxes bearing the name of a legally registered pharmacist or wholesale dealer and labeled as required by law, etc.

The sections of the act of 1923 are intended to further provide for, permit and protect the sale of denatured alcohol, which has recently become of such general use in automobiles, and required some legislation for these purposes.

Section 12708-1 reads: ,

“Sections 12705 and 12706 of the General Code shall not apply to, interfere with or prohibit any person, firm or corporation from selling completely denatured alcohol or wood alcohol.”

This last quoted section relieves the seller of wood alcohol of the inhibitions contained in Sections 12705 and 12706. Is such seller subject to the provisions of Sections 12666 and 12667? In determining this question it becomes our duty to carefully read Sections 12708-2 and 12708-3.

Section 12708-2 provides:

“Whoever shall have in his possession, or dispenses or sells packages or containers of completely denatured alcohol or wood alcohol containing five wine gallons or more without having marked or stenciled thereon the name and address of the seller, the degree of proof of such alcohol, the formula number, and, in letters of not less than one inch in height, the words, ‘Completely Denatured Alcohol’ or ‘Wood Alcohol,’ as the case may be, and the names of two or more antidotes for the sale, shall be fined not less than ten dollars nor more than fifty dollars.”

That part' of this section which we have just read relates to sales in the quantity named. The last part of the section reads:

“The provisions of this section, the next succeeding section (12708-3) and section 12667 of the General Code shall not interfere with the transfer of such alcohol from storage tanks to other packages or containers, nor require the placing of such mark or stencil upon transportation tanks, nor the registration or placing of mark or stencil upon fuel tanks, automobile radiators or similar containers, for the final use or consumption of such alcohol and from which no further distribution thereof is made.”

Section 12708-3 is intended to cover such a transaction as we have here, and is as follows:

“Whoever dispenses or sells completely denatured alcohol or wood alcohol in packages containing less than five wine gallons without having affixed thereto a label on which is printed or stenciled in plain, legible, red letters of equal prominence on a white background the words, ‘Completely Denatured Alcohol’ or ‘Wood Alcohol,’ as the case may be, and in addition on the same label in red ink, under the skull and crossbones symbol, the word .‘POISON’ together with the following statement: ‘Completely denatured alcohol, or wood alcohol is a virulent poison. It cannot be applied externally to human or animal tissue without serious injurious results. It cannot be taken internally without inducing blindness and general physical decay ultimately resulting in death,’ and without having stamped, stenciled or printed upon such label the name and address of the seller, the degree of proof, and the formula number thereof, shall be fined not less than ten dollars nor more than fifty dollars. Neither the word ‘pure’ nor the single word ‘alcohol’ alone shall appear on any label of completely denatured alcohol or wood alcohol.”

But Section 12708-3 does not apply to such sale and transfers of denatured alcohol as are covered by the last part of Section 12708-2 above separately quoted, i. e., “from storage tanks to other packages and containers, etc.” This section (12708-3) was passed with a view to the continuance in effect of Section 12667. The fact that the legislature made special reference in the manner they did to this last named section in No. 12708-2 indicates an intention that in other sales and transfers of denatured alcohol covered by these several sections (12708-2, 12708-8 and 12708-4) the requirement of Section 12667 shall “interfere” and be complied with, and negatives any theory of direct or implied repeal. We do not regard the words “interfere with” as the best expression which could have been used for the purpose, but it may be defined here as “enter into.”

Not having so complied with Section 12667 when he made his sale to Snow, Krizen violated the law of Ohio and was properly found guilty.  