The Montgomery advertiser., 1909-11-14
GOVERNOR cosrER,s EVASION.
The Attorney General Seems In N,
 Hurry to RepIy.

The Attorney General Seems In No
 Hurry to Reply. Mobile Staats Zeitung Tn the early part Of October, Dr. Oli- yer H. Harris. well known physician of Mobile. wrote to Governor B. B. Conner citing that section of the Fuller prohibition law affecting the sales of wines. malt beverages and spirits or dered for the sick under doctors pre- scriptions. and asking If 1t would be within the law to obtain such for pa- tients. The law expressly provides that druggists can sell only pure alco- hol, and many of the best attorneys in the State have so construed it. In common with other physictans, Dr. Harris wanted an assurance on the subject. he not believing that 1t was the intention of the law makers of the State to deal harshly with the sick and infirm in thus depriving them of valuable aids fin medical treatment. The reply to pr. Harris letter was as follows:
 Chief Executive Department.
 Montgomery. Ala. Ot. l4. 1909. Dr. Oliver Harris. Mobile. Ala. letter Of the llth. the Governor does not undertake to advise anyone of the construction of the law. This Is matter for the courts to decide. would suggest that you take the mat ter up with Solicitor Stal.worth and Judge Berney. of Mobile. who will. am sure. give you the proper advice in the premises.
 With kind regards I am.
 Yours very truly,
 JOHN D. MCNEIL.
 Private Secretary, The Mobile doctor appears to have insisted that the Governor could at least least, have given s his opinion s,t os the ated his question as to the legality Of prescriptions containing alcoholic preparations, wholly or in part. and in reply to his second letter the foI- lowing was received:
 Chief Executive Department.
 Montgomery, Ala. Oct. IS. 1909. Dr. Oliver H. Harris. Mobile. Ala
 Dear Sir:-Your letter of october II duly received You understand ot lawyer and cannot advise you about the law on the subject. Laws are fin. terpreted by the courts. and have no doubt that the gentlemen mentioned in the other letter will properly ad- wise YOU.
 With regards. am.
 Yours very truly.
 JOHN De McNEEL.
 Private Secretary. Dr. Harris sought an opinion from Judge Berney and Solicitor Stallworth by letter. He states that Judge Ber- ney very kindly visited his office and went over the Fuller law very thor oughly with him. holding that drug gists cannot fill prescriptions for wines. beers. or other malt liquors. or whiskey: and that the law expressly provides that nothing can be sold ex- cept pure alcohol. and that In quanti- ties or not more than eight ounces at one time. pr. Harris also says that Solicitor Stallworth did not give an opinion and that up to date the doe tors letter Is unanswered. Dr. liar rIs sought the opinion of Judge Afford, of the Inferior Criminal Court and that judge interpreted the law as Judge Berney had done. Within few days the doctor wrote to the State Health Officer Dr. W. H. Sanders. propounding the same question that he had put to the Governor. and met with the following reply:
 The State Board of Health,
 Montgomery, Ala. Oct. IS. 1908 pr. Oliver H. Harris. Mobile
 Dear Doctor:-Your letter received. I will refer the matter to the Attorney General and will transmit his con- struction to you when I get 1t.
 Very truly yours.
 W. H. SANDERS,
 State Health Officer. Not having received any word from the Attorney General up to the end of October. pr. Harris wrote another