The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-11-01
c@U1IS n J EXEMPTED
AREA MUST DECIDE

Aikhs - Drugsiaes 20 Handle Ardent
ap&las q sanh Territory. Howsvef.
slapnn H Opposed. Gays Pollard.
MAKES NUMEROUS RgL1Ncs
No Resricfions on fhyaeians on
Kind Of Ardent spirit4 They May
Prescribe, but T1here Arc Restric-
tioos On Kind. Drngsisn May Sell.
Attorney General John Garland
Pollard has rendered an opinion to
Commissioner Peters on tho handling
and sale Of ardent spirits by the
State in the counties and cities where
ardent spirits are not allowed to be
sold. ana those In which the exemp-
ton does not apply. Mr.. Peters
asked several questions, which the
attorney general has answered as foi-
lows.
"(al MHy court grant whole-
sale druggists license to handle ar
dent spirits under this act IN the cities
and counties exempted. eAch AZ Nor
folk, Portsmouth. Norfolk County,
Richmond City. Henrico. County. etc. z"
This ID q question for the courts
in such counties and cities to deter
mine. and. therefore. not matter on
which feel that should express an
opinion. However. advise you to
oppose the granting OF license to sell
the forbid<en classes Of ardent spirits
in such exempted territory when such
cases arise.
For your information. will say
that the answer to this question IL
government is governed by Section Is
of Chapter l46 Of the Acts OF 1915.
in which II is provided that the act
shall not be construed to prevent =
duly licensed druggist or manager of
a hotel licensed under this act from
having shipped to him.. or prevent any
transportation company from deliv-
ering to him pure brandy, pure whis-
key. ale, beer, wine and pure fruit.
ethyl and grain alcohol in such guam
titles and at such times az said drug
gist or manager of hotel licensed
under the act may deem Necessary.
This provision Is qualified. however.
by the following proviso:
Provided, that in the counties of
Roanoke, Halifax. Bedford. Grayson.
Smyth. Russell. Scott. Lee, Floyd, Au-
gusta, Pittsyivania. Washington, Bland.
Giles. Pulaski. Prince william. South
ampfon, Rockingham. Princess Anne.
Amherst. Accomac. Carroll. Lunen-
burg. Prince Edward. Patrick. Bruins
wick, Henrico. Chesterfield. Campbell.
Loudoun, Orange and Northampton.
Montgomery and Louisa. and the cit
les OF Roanoke. Staunton, Danvtlle and
Richmond and Radford II shall not
store or sell ardent spirits. except
wine for sacramento purposes and
pure fruit. ethyl and grain alcohol for
medicinal, scientific. mechanical or
pharmaceutical purposes. ~ provided
in this act
Additional Territory Exempted.
by chapter 3ss, OF thu Acts OF 1915, a
special act. the provisions OF which
are substantially in accord with Sec
ton ! 5 of chapter i4s OF the Acts OF
1919
Your next question Is:
'.sb) May the court having jpris-
d4ctlan grant a retail druggist License
TO retail ardent spirits In the exempt
ed cities and counties?"
am OF the opinion that under the
aforesaid provisions the court would
have the right in such cities ana coun-
Ties 10 grant to retail druggists. license
tn purchase. store or sell wine for
sacramental purposes and I'd pure
fruit. te) ethyl. and (3) grain alcohol
for TAI medicinal. tb) scientific. and
tc1 mechanical or I'D pMaceuticai
purposes.
Your next question Is;
''tc) II the court may grant such
retail license TO retail ardent spirits
In exempted territory. wha: ardent
spirits nay such druggists sell?
The ardent spirits permitted to be
sold In such territory are enumerated
in the above quotation from section l 5
Of the provisions OF chapter 3es, OF
the acts OF 1916. and are az follows:
Wine FOR sacramental purposes. and
~ pure fruit, ~ ethyl and (3)
grain alcohol. for ta) medicinal. tb1
scientific, and tc1 mechanical or (d1
purposes
No Wine On Prescription.
Your next question is:
Id May such druggists, IL licensed.
sell the permitted kinda OF ardent
spirits under prescription from a
He can sell the alcohol on prescrip-
ton. No provision is made in the
law for the sale of wine for other than
purposes. for use by re-
liEioua bodies. and. therefore, wine
cannot be sold under the provisions
of the act on prescription.
Your next question Is:
"te) Are there any kinds OF ardent
spirits which such sdruggists may sell
without prescription. but upon an
q ffiidavity'
Under the provisions Of section of
the prohibition act, either wholesale or
retail druggists may sell pure grain
or fruit alcohol for fa) scientific, (b)
or fc) pharmaceutical
purposes. or 90 wine for sacramental
for use by religious bodies,
on afIidavit I am. therefore, OF tho
opinion that In accordance with the
provistons* Of section the alcohol
therein mentioned and wine for sacrA-
mental purposes for use BY religious
bodies may be sold by such druggist
On IN akf1dAv1t.
Your next question In.
~ff) APe ther0 any kinds Of ardent
spiritS which such drugxists In the ex-
empted territory may sell without
either 1 prescription from 4 physician
or an AAadAvit, and. IL 30. what kind OF