Frank Murphy

“ The public trust reposed in the law enforcement officers of the Government requires that they be quick to confess error when, in their opinion, a miscarriage of justice may result from their remaining silent. ”

“ The word 'administer' more appropriately describes the activities of a doctor in personal attendance than does the word 'dispense'. Admittedly the words 'dispense' and 'dispensing' are used in several senses in the Act, but Congress evidently was aware of the differentiation between 'administer' and 'dispense', for, when it wished to include all possible functions of physicians with respect to drug distribution, it used both terms in conjunction. ”

“ Upon reconsideration the Government has withdrawn its first ground of confession of error. We put to one side that question since we are of opinion that there must be a reversal on the second ground.
Assuming, without deciding, that the second proviso of Section 6 is an independent penal provision, it requires that records be kept only by 'any manufacturer, producer, compounder, or vendor (including dispensing physicians) '. We think that Congress, by the use of the words 'dispensing physicians', meant to exclude physicians administering to patients whom they personally attend. ”