The Richmond Virginian. (Richmond, Va.) 1910-1920, 1920-02-06
To AK Opinion Of At
torney General a. to
Right to Manufacture
Whiskey in Virginia.
OLIVER DECLARES
HIS MIND ALREADY
EASY ON SUBJECT
Diversity of Sentiment
. to Fixing Upon Re-
sponsible Official to SUI
pervise the Proposed
Dishlleries.

~ vote OF seven to thFee.-th heHz
ate committee On courts Of justice yes
terdAy reported what is known IS the
ceeke Liquor bill. which provides for
the purchase and manufacture OF whis-
key. brandy and wine by the state
health commissioner. for dtstrihutiou
I. the people Of the state on doctors
prescriptions only, all physicians being
restricted to writing one prescription
for any one person within ten days.
Those voting in the negative were.
Senator's Mapr. Robertson and Croc-
kctt. Affirmative: Senators Rison.
Gooirick. Cooke. Booker, oliver. Leedy,
Downing and. Gum.
The bill was reported with amend
rents prepared by the sub COMMITTEES.
These were of minor nature. in no
way affecting the general purpose Of
the hill
Senator e. walter Mapp opposed the
Bill and attacked many of the sections
which he declared dangerous, r h e
srst question. he said, was whether the
state could legally carry out the pro-
VISIONS % the bill, He expressed con-
suders BILE doubt az to its harmony with
the federal law and moved that an
ariT.ion as TO its constitutlorality be
secured from Attorney-Generai Saun-
isrs.
In this he was seconded by Senator
seioirick. OF FTedersckg burg who. how
.yer. fasors the bill In voting to re-
pssrT It. Senator Gocirick stated that he
Anil o.e- M otton an the floor Of the
senate asking the a;tornex general for
IN opin on
strfl;er rncrr hers OF the cofuMittee op-
sgNed- sakInE the advice az The Attnrney-
general senator GMrsr declared that
II would MOI ehanx4 MS ouinscn III the
'e&pt and asked wins the committee was
4 sssde up IF lawyers IL they coald not
iertde sNrh q mate far tlgsrr selves
ssrakcr Msan aise criticised the lack
af restrictions SessFa' nw Tire dispo-
sttien OF whisky or sSe issuing Of pre-
scristsons nv PHYSICIANS
Much of this talk OF cnfruss IN :
.niskey 10 doctors is buncomhe~ he
said. ri saw this with no lack OF de-
'ensc or respect to the medical profess
linn. AZ my father and several uncles
we're doctors. hut victims OF alcohol
lem are m frequent in this profession
~ any other. There are also ~ many
acpe fiends AZ any other class %
neN.s
He referred 10 the situation IN Rich
sMord. when hundreds Of prescriptions
we're issued by one man the druggist
being poEertess to uuestion any one Of
them. The phase Of the matter WAS mot
referred 70 by any other snember Of the
committee.
Senator Mapr also opposed the new
s--created department under the super-
seision OF the state health commisei er
He recommended the state hoard of
pharmacy on the department. pf prohi
hilton. aaytnE, however, that the COM
missioner Of nrohihition did not desire
Il. II would hate to see the health de-
psrtment linked MP in any way with
the liaucr business. he said. THE
present health OFFICER has rendered =
character Of service probably unequal
eJ In our history"
Assistant Attorney General Hank,
xhc was present. Was asked By Sena-
tor Gooirick 10 express himself on the
problem confronting tho committee. Mr..
Hank stated that prees ~ business had
prevented him from making even the
tncst casual Inspection Of the yoistead
act and that he Therefore could discuss
he subject only aionk general lines
The question. he said. seemed to he
irst, whether the Cooke bill Was in con-
snict with the yolstead act. &nd II this
Was 70. II in passing the volstead act
srongress had exceeded It's authority in
preacrihing how far the state could 10
arder the prrisicns OF the eighteenth
Amendment The voistead act- he said.
VAS probably designed to protect In q
AeEaA. the eighteenth. anne ndment and
only u careful scrutiny OF both the act
am the constitutional amendment
would show whether anything further
han this had been done.
Senator Mapp pointed out that no
section OF the act or amendment men .
tions the rlkht Of Il state to naannfac-
ture' Epirits for medicinal purposes II
" neither permitted nor prohibited, he
,aid.
In concluding hid brief talk to the
committee. NJ, Hank URGED them 70
~ suTe shout the legality or the bill
eefore enHct.ng II into law He men
Toned the fact that Virginia has been
rvry foftanAtein having heen sustained
srsthe United States Huprenne court IN
ali Of eeven questions raised concern
Ing the eonstitutionality Of various
AVS. !.
SrnAfor Cooke concluded the arKu-
nent with vigorous appeal for the
+ support az his bill. ANY sane mar
4Mhc reads the volsteAd act.', Ne eaid
cannot but see that X was drafted
1fth the fntestieH -ef FfA*entine tfre
asrs6pf4s ofnvirE4mts fsosR chtaaaasx sraAis-
kAy. brandy or wins or other stimu.
aants for medicinal purposes
An attkmpt to refute the argument
4 81 Senator MApp that the present Law
4 sroxiAea the. necesxarx n achineEy ~.
procuring whtskey Tor medicinal pur.
poses was made by Senator Downing
who st2ted that Ave counties In his sec.
Hon wNre without i singl6 drug store
ipssssaa1 ~ ~ NA.sr @nntten ensnS4ushe
mighty hsalthys said Senator Mapr
good aAttsredly,
U ~ replied Senator Down
Asa ths3E .saseasss but thsy'rs dxtps
Nxys SS 3z 92 TIL NJ