The public ledger. [volume] (Maysville, Ky.) 1913-1968, 1920-08-05
LIMIT ON WHISKY
PRESCRIPTIONS IS
FOUND UNLAWFUL
Director Must Issue as Many Blanks
As Physicians Call For, Says Opin-
lon Ruling Made By Judge
Cochran.

Federal Prohibition Director James
H. Combs has been restrained from
limiting the number of prescriptions
for whisky physician may issue in a
decision handed down by United States
District Judge A. NJ ]. Cochran.
The decision rendered by Judge
Cochran was made in the case of DR..
Francisco Simpson of Louisville,
against Director Combs asking that
the court issue an injunction restrain
ing Director Combs from refusing to
issue him additional prescription
blanks.
Judge Cochran handed down his
opinion In the case at his home in this
city Tuesday and forwarded the docu-
ment to United States District Clerk
John Menzies, at Covington who then
forwarded it to Deputy Clerk Spencer
Finnell at Lexington.
The injunction requested against Di-
rector Combs is granted DR.. Simpson
by Judge Cochran who in his opinion
reviewed the case at length, sharply
criticising Director Combs for the
manner in which he proceeded. The
opinion is twenty-five pages in length.
A copy will be mailed to Director
Combs and DR.. Simpson just as soon
as they can be prepared, Deputy Clerk
Finnell announced Wednesday.
Judge Cochran in reaching his de-
cision went into the case deeply and
quoted from many cases disposed of
by the United States Supreme Court
and other district courts which were
along the lines of the one before him.
In speaking of the manner in which
the law should be enforced and how
fraudulent prescriptions issued for
whisky might be discovered and dis
posed of Judge Cochran said:
THE act contemplates an abundance
of assistants, agents and inspectors. 1t
provides for means Of ascertaining the
truth in each case can not see why
the proceeding of this nature should be
slow and tedious. 1t can not be de-
feated readily in the way suggested If
the officer whose duty it ia to hear
charges of this sort has gumption.
IF he will not let sham get by
him, he can rely on the federal court
in the reviewing proceedings not to let
sham to get by it. There is nothing
federal courts delight more to do than
to dishonor shams."
Judge Cochran throughout his opin-
ion urged that in cases where there
was any doubt concerning the issuance
of whisky prescriptions by physicians,
a thorough investigation should be
made in conformity with the powers
given the prohibition director under
the Volstead act.
The regulations imposed by the pro-
hibition officials have been without
foundation and not in accordance with
the law, according to Judge Cochran.
The limit placed on the number of
prescriptions which may be issued is
not legal, according to Judge Cochran,
who declared that the prohibition Off
GERS have no authority whatever to
name just how many prescriptions
each doctor may issue.
ut can not be upheld under the pro-
vision of the act comforting authority
to make regulations for carrying out
of its provisions. 1t does not carry out
such provisions. 1t alters and amends
one of them. The act says that pre-
scription blanks shall be furnished up
on request-as called for by physi-
clan. The amendment says that not
exceeding 100 for each three months
shall be furnished in the absence of
such showing"
Congress in making the law did not
see fit to so provide. 1t provided that
prescription blanks should be furnish
ed upon the request of the physician.
The effect of the regulation therefore
is to alter and amend the law.
ut limits provision. therefore
which is without limit
The case was the outcome of the re-
fusal of Prohibition Director Combs to
issue more prescription blanks to DR..
Simpson after he had given the num-
Der fixed by Director Combs as the
e.. H., .,,&a