Evening journal., 1920-03-08

WHISKEYLAW
ContInued from FIrst PAGE.

scrlptlon.
1t further was learned today thai
serious doubts are entertained as tC
whether the provision in the Klalr Law
forbiddng prescription sale Of liquor
by doctors and druggists is const,tu-
tlonal. When approached on the sub
Ject. Attorney General Reinhardt said
ne believed II would be well, If possi-
Die That test case be made in the
courts concerning the dispensing OF
medicinal liquor before the Legislature
should act. Thus the Legislature could
be guided in any action II might take
by the opinion Of the court
III such a test case is instituted 7
snail, OF course, defend the provision OF
the klair law to the utmost OF my
ability declared the attorney gen4
eral.
On The side Of the physicians and
druggists 10 was learned that counsel
consulted by them have been delving
mo the constitutional phase Of the
hiair liquor law with regard to medi-
cthal liquor, and have unearthed a
c3se determined by the Court Of Gen
eral Sessions in Sussex County, which
hey maintain. will overturn the Klair
provision. The case Is entitled. State
vs.. Grier. and was tried I'm 1913. Chief
Justice Pennewill and Justices Boyce
ana Conrad sat and the Chief Justice
delivered the opinion.
William Grier an expressman oSsus-
sex county, was charged under what
was known as the Hazel" law with
having transported five gallons of
liquor INTO The county IN violation of
the provision limiting the amount 10
@ single gallon. lie was defended bv
Daniel O. Hastings and Herbert II. Ward. I
OF this city Senator Josiah D. VOL
cott, then Attorney General. and Dep
uties Attorney-General Arnon d. Chay-
Tor and Frank NJ. Jones were prosecu-
tors I'D behalf Of the Commonwealth. I
IL was a test case and created much
discussion at the time Of its argument. /.
Although it went against Grier, attOr- I
neys who are interested today in the |
hght by the physicians ana druggists ]
against the klair act, cite a portion Of
tn opinion read by the Chief Justice as
showing the unc0nslitutonallty Of the
klair provision against medicinal IL
quor
After quollng the constitutional
with regard to sale Of IL
4uor in Delaware, the opinion says:
The Legislature may regulate such
sale, but we doubt very much that Il
could absolutely prohibit IL by either
physicians or druggists in view OF the
provision to which we
lave referred.
When the Legislature by the act in
question, provided that druggists and
physicians might receive by shipment
and delivery quantity Of liquor not
exceeding five gallons at any one time,
Q was meant to be received for medicinal
purposes only. This is admitted in re-
,pect to druggists, and there can be no
ioubt that the same privilege, and no
greater, was accorded TO physicians.
Druggists and physicians were insep-
lrable in the legislative mind as to their
lse Of intoxicating liquor. 10 was not
necessary 10 use the words for medi-
inal purposes, because druggists
ould not use the liquor for any other
iurpOses, and neither could physicians
IF the Legislature intended that
ruggists should use IL for medicinal
purposes only. as they manifestly did I
hen they must have had the same in
ention with respect to physicians I
whose sole business is the prescribing
( medicines"
Further on in the opinion, Chief !
ustlce Pennewill also defined exactly
sho shall sell medicinal liquor as
ollows.
Although the constitution author
,es the sale of intoxicating liquor for ]
purposes, Il does not mean
hat all persons should have the right
D sell The plain, cOmmOn-sense and
construction Of the pro- :
ision is only that those persons I
hould have the right who were IL q
.nsed 10 sell. prescribe or administer I
lediclnes. TO wit druggists and ply S
.cians" a
A meeting OF the New Castle County
edical Society will be held March i6, a
hen final preparations will be made
J secure the passage OF the amend Q
tent to the special session A delega-
on Of physicians will be sent 10 Do
er to further the campaign.
At the same time the 'drys," II is re- d
orted, al1o may seek an amendment Il
, the same law to prohibit the sale Of h
)ilet preparations and medicines that v
)niain an excess Of alcohol. Several .
ay rum "jags" have recently come TO =
ne attention Of the Wilmington police. j
nd it has been found that the Klar =
wv permits the sale of bay rum and u
iher toilet preparations except for
everage purposes.