Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-07-27
SALE ONLY rs HIT,
SAYS J.F. ROBBINS
Booze Decision for Seven Doc
tors Set for Saturday.

Contending that the Indiana prohibit
ton law only prohibits the sale Of whisky
rs n beverage, John Il. Robbins, In Grim
inal court today, argued that the state
had established no case in the prOsecu
ton of DR.. Charles p Wier, DR.. Harrl
son 3. Hulse and five other Indianapolis
physicians, charged with violation of the
prohibition law.
I'VE must look beyond the letter Of
the prohibition law and see that thu
words used as a beverage are written
into the law just as surely as the SUI
preme court has so held in similar cases,
and we find therefore that the Indiana
legislature did not intend to prohibit the
use of whisky or any other Intoxicating
liquor to be used as medicine, az was the
fact In these cases" declared Mr.. Rob
bins.
The seven indianapolis physicians
whose cases were argued before Judge
James A. Collins on charges of having
written fake prescriptions" and pur-
chased whisky illegally are Drs. Charles
p. Wier, Alonzo s. Nicely, Calvin r.
Atkins, g. Roland Perdue Edgar NJ.
Outland, Harrison Il. Hulse and Pearle
o. Dickey
Mr.. Robbins in opening his argument
denounced Prosecutor Adams prosecu-
ton OF the indianapolis doctors as
"prejudlced and unfair"
PUTS CONSTRUCTION
ON STATUTE.
why under this law 1 can write
prescription on any licensed and regis
tered pharmacist, and II he will I'LL It,
I can buy barrel Of whisky for medic
inal purposes and the laws aud the fed
eral constitution viii bar me out If so
use that whisky to save human life,
insisted Mr. Robbins.
Numerous cases were cited by Mr.
Robbins to sustain his position IN the
legislative intent Of the Indiana law.
John w. Hoffman. who argued briefly
in defending DR. Nicely held that since
his client had used the medicine for
family and personal use that there war
no violation of the law
R. L. Brockenburr appeared for Dr.
Calvin r. atkins, Bachelor & Bachelor
defended Dr. Outland and DR. Perdne
and Asa Boldeu represented Or. Dicks
dentist
In his argument. Clsris Adams, county
prosecutor held that Il was unlawful
for any traffic TO be made in whisky
'Tt Is no more permissible. under the
Indiana liquor law, for doctor 70 carry
around whisky IN his grip and hand il
ont promiscuously than it Is for him to
lug around narcotics and dose II out
the way these doctors have done with
whisky" said Adams and IL is this
principle. this establishment OF a point
Of law that ! am seeking 20 make. that
no doctor has the right 60 violate the
liquor laws because be happens to be
a doctor
In fact" continued the prosecutor.
doctors should Of all men comply with
the Law because Of the importance and
the dignity Of his profession.
INSTANCES
ARE GIVEN.
Take the case Of Dr. Dickie. dem
list. who wrote prescriptions for his
patients, and lie says he did n In order
10 give them q stmulant after they hal
their teeth pulled
THE law does not give him the right
90 do this
And in the case Of Or Atkins. he
wrote prescriptions for whisky for office
use and now he saws be wrote the pre-
scrlptions for personal use
1T IS the same way iu Or. Neely's
case, who wrote prescriptions for four
teen quarts IN less than two months for
family use he says. but it does not SO
state that on the prescriptions.
II hold that the state has a regulatory
right 90 say what liquor may be handed
out and none Of these physicians have
established that right, and ! believe the
Legislature did intend 70 write into the
law safeguards that would prevent such
gross violation 81 the use OF hQuor.'
Adams said
Judge Collins indicated that he would
rule In the eases Saturday morning.