Shanghai Foreign Medicine Dealers' Association [] to S.M.C. "Kidney Pills". Shanghai, March 20, 1937. SMA (SMC), U1-4-3821 (0488-0493).
The following letter has been received from Ei Wo Pharmacy 愛華製藥社 (Aihua zhiyao she) Member of this Association.
"The Kidney Pills 保腎固精丸 (Baoshen gujing wan) sold by this Pharmacy are prepared according to a very reliable prescription and the drugs used are mild. They are effective in case of impotence, nocturnal emission, neurasthenia and debility, and have been on sale in the market for upwards of 20 years. An analysis made by the Central Health Laboratory shows the preparation to be satisfactory and a Certificate was issued. The preparation is also registered at the Ministry of Industry which has issued a First Class Certificate for it; this proves its purity, and that it is harmless, a fact known to all medicine dealers. We do not know on what ground the Police suddenly appeared at our Wholesale Department at 5 p.m. on the 11th instant (March 1937) to search for and seize the whole 465 boxes of our Kidney Pills.
According to the newspapers, the pills were sent to the First Special District Court on the 13th. The search, which was conducted without any prevous enquiry, not only prejudices our business and reputation, but trespasses on our rights as citizens to enjoy legal protection, and it is an infringement on the Sovereignity of our country. Residents and fellow dealers in the Settlement will henceforth be exposed to a similar danger. We have engaged a lawyer to take up the case for us and to lodge a vigorous protest. Your Association is saked to take note of the above particulars and to transmit same to other members. In the interest of our legal rights and to aford us protection, please consider this matter and direct us as to the proper steps to take.
[p.2/2] At our 35th regulart meeting held on 18th instant (March 1937) it was unanimously agreed that the pills in question prepared by the Pharmacy, after due analysis by the Central Health Laboratory and awarded Certificatet No. 276 by the Ministry of Industries, could not be deleterious but has excellent qualities. There was, therefore, no occasion for the detectives to conduct a search and ignore the fact that they had been regularly analysed.
Such a search not only hinders the business of the Pharmacy, but is comtempt of Chinese law. We decided that in the intesrest of business, the Council should be asked to instruct the Police to promptly return the pills. A photostat of the Analysis' Report by the Central Health Laboratory and the Certificate awarded by the Ministry of Industries, are enclosed herewith for inspection.
(Chopped) Shanghai Foreign Medicine Dealers' Association
Enclosures: 2 Photostats of Certification awared by Ministry of Industries and Report of Central Health Laboratory showing the Pills contain no poison.
(Note: Received for translation forenoon, 23rd March 1937)
Chinese General Chamber of Commerce. Shanghai, March 23, 1937. SMA (SMC), U1-4-3821 (0486-0487).
We have received the following letter from the Shanghai Foreign Medicine Dealers's Association: 'Same letter addressed to Council by the Association on 20th March, 1937. Vide translation). The Kidney Pills sold by the said Pharmacy, were examined at the Central Health Laboratory and were found to be without poisonous drug and suitable for medical purposes. The Ministry of Industry has issued a Certicate to give legal protection to the sale. It is not known on what grounds the Police searched the premises of the Pharmacy and seized and sent the pills to the Court. Photostats are enclosed herewith. Please give this matter attention and request the Court to return the pills as soon as possible. Legal action should be withdrawn to permit business to continue.
(Chopped) Wong Hsiao-lai (Chairman), Zi-Chi-Ch'ing, Ching Zeng-zian (Members of Standing Committee). Shanghai Chamber of Commerce.
Enclosures : 2 Photostats.
(Note : Received for translation 11.30 a.m. 24th March, 1937).
Report by Municipal Advocate (R.T. Bryan, Jr.) to Secretary (J.R. Jones). "In re: Case Pertaining to Sphrodisiac Pills." Shanghai, April 1, 1937. SMA (SMC), U1-4-3821 (0475-0476).
The above mentioned case was brought up before the Police Court yesterday morning, Judge Shen presiding. Upon hearing the evidence, the Court handed down the following decision: "Kao Kwant Ts is exempted from fine and the Sphrodisiac Pills seized are to be returned".
The Judge in handing down his decision is of the opinion that the said Sphrodisiac Pills do not consitute an aphrodisiac in view of the certificate issued by the Central Health Laboratory and the certificate awarded by the Ministry of Industries, stating that the medicine in question contains no poisonous ingredients, and is fit for medical purposes.
I also pointed out to the Court that the printed description on the paper wrapper differed from the printed description on the tin container, the Judge advised as that it was his opinion that the same was in no way indecent, as it pertained only to the cure of certain diseases, i.e. night emissions, insomnia, etc.
I also told the judge that the accused, being the manager of Ai Hwa Drug Store, is charged under Article 46, Section 4, of the LAW GOVERNING PENALTIES FOR POLICE OFFENCES, i.e. advertising aphrodisiacs. In response to my statement, the Judge contended that the prime consideration was whether of not the medicine itself [p.2/2] constituted an aphrodisiac. This should first be determined as if the medicine itself cannot be classified as an aphrodisiac, the accused could not be found guilty under that article.
In view of the above, I am of the opinion that the Judge is quite right in his decision.
(Signed : S.K. Tsien, Assistant Municipal Advocate).
I agree with Mr. Tsien. The prosecution was justified because there was a prima facia case to start with. The defense, however, was sufficient to rebutt the prima case. The certificates produced by the defendant and which we were not aware of before the trial constitue in my opinion a good defense.
(Signed : R.T. Bryan, Jr)
April 1st, 1937.
Deputy Commissioner of Police (in Charge) to Secretary. "Letter from the Shanghai Foreign Medicine Dealers' Association on behalf of the Ai Hwa Dispensary, 221 Shantung Road (F 2601)." Shanghai. April 1, 1937. SMA (SMC), U1-4-3821 (0473-0474).
Prosecutions by summons was institued against the above pharmacy for breach of Article 46 section 4 of the Law of Penalties for Breaches of Police Regulations. The Article authorises the infliction of 15 days' detention or a fine not exceeding $15.00 for "selling aphrodisiacs, abortive drugs and/or "distributes advertisements concerning same".
Prosecuton was prompted owing to an advertisement by the above Pharmacy in the Sin Wan Pao of February 27 of an aphrodisiav known as "Sphrodisiac" Pills.
The Municipal Advocate did not think the advertisement came within the definition "lascivious" and so jutify a prosecution under the Crimial Code, but suggested prosecution under the Police Laws against the Pharmacy. Accordingly the said Pharmacy was searched under warrant and 464 boxes of the pills advertised seized. The manager was summoned and fould not guilty on 31.3.37 and the pills seized returned to him. He produced in Court a Certificae issued by the Central Health Laboratory and a Certificate awared by the Ministry of Industry, [p.2/2] which stated that the pills contained no poisonous ingredients and were fit for medical purposes.
Their production in Court was the first knowledge the Police had of the Certificates.
The Judge considered the possession of the Certificates sufficient defence to the charge of "advertising aphrodisiacs" contending that the prime consideration was whether or not the medicine itself constituted an aphrodisiac; if not so classified there was no offence under Article 46 sub-sec. 4.
A copy of the objectionable advertisements and of the advertisement on the box wrapper, together with a report by the Municipal Advocate are attached.
Sin Wen Pao dated February 27. "保腎固精丸 Sphrodisiac (Aphrodisiac) Pills". Shanghai, February 27, 1937. SMA (SMC), U1-4-3821 (0478).
This medicine strenghtens the kidneys and enables one to withhold involuntary discharge of semen. Anyone who suggers from involuntary discharge of semen, wet-dreams, effets of masturbation, weak kidneys, fatigue due to excessive lust and other diseases is advised to take this medicine because it will increase the endocrine secretions.
Price $1 per bottle. $10 per dozen. It is sold at all dispensaries and large departmental stores throughout this country.
Translation of Label "Pao Zung Koo Tsing Huai" (保腎固精丸 "Sphrodisiac Pills"). Shanghai, February 27, 1937. SMA (SMC), U1-4-3821 (0477).
These pills are made specially to cure involuntary discharge of semen, night discharge, insomnia, excess passion, masturbation, tiredness in sexual intercourse, sore bones, noises in the ears, dizziness in the eyes, and red and white leucorrhoea of women. Persons suffering from kidney and similar diseases should take these pills to increase their semen and thus cure their sickness.
The pills are to be taken three times each day: half an hour before breakfast, tiffin and supper. Take two or three pills at a time in hot water. Before going to bed, take another three or four pills. Price: $ 1 per box.
Chinese Ratepayers' Association. "Kidney Pills." Shanghai. April 3, 1937. SMA (SMC), U1-4-3821 (0479).
The China National Federation of Foreign Medicine Dealers writes as follows: "We have received the following letter from the Shanghai Foreign Medicine Dealers' Association: (same letter addressed to Council by the Association on 20th March, 1938, vide translation).
As the pills are harmless, the search conducted by the Police was improper. Please take up the matter with the Council on our behalf.
While considering this matter, we received a letter direct from the Shanghai Foreign Medicine Dealers' Association on the same subject. As the pills prepared by the Ei Wo Pharmacy were examined at the Central Health Laboratory and an Analysis Report was issued, and as they have been registered and awarded a Certificate by the Ministry of Industries, they should not be treated as uncertified drugs. The search was an abuse of Police rights; it also violated business prerogatives and interferes with the economical conditions. To preserve the rule of law and the Council's good reputation, the Department concerned should be promptly instructed to have this matter rectified.
(Chopped) Chinese Ratepayers' Association.
(Note Received for translation 11 a.m. 5th April, 1937).
S.M.C. Secretary to Chinese Ratepayers' Association. Shanghai, April 9, 1937. SMA (SMC), U1-4-3821 (0470).
I have to acknowledge receipt of your letter of April 3, on the subject of the search by the Police of he premises of the Ai Hwa Dispensary, 221 Shantung Road, and the seiure of a quantity of pills labelled "Sphrodisiac Pills".
In reply, I have to state that the prosecution was under court summons and the the search was undertaken upon a court warrant.
Judgement has been rendered by the court in favour of defendants and the seized pills have been returned.
S.M.C. Secretary to Shanghai Foreign Medicine Dealers' Association. Shanghai, April 9, 1937. SMA (SMC), U1-4-3821 (0469).
I have to acknowledge receipt of your letter of March 20, on the subject of the search by the Police of he premises of the Ai Hwa Dispensary, 221 Shantung Road, and the seiure of a quantity of pills labelled "Sphrodisiac Pills".
In reply, I have to state that the prosecution was under court summons and the the search was undertaken upon a court warrant.
Judgement has been rendered by the court in favour of defendants and the seized pills have been returned.
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