Every evening, Wilmington daily commercial., 1920-03-17
PHYSICIANS MAKE
VIGOROUS ATTACK
ON KLAIR Law
County Medical Society Decides
to Ask General Assembly
to Act.
AMENDMENT is PROPOSED

statutes known as the Klair amendment, /
by the physicians of New Castle county |
sns Indicated by their discussion and |
action in adopting resolutions last night |
at the meeting of the New Castle County |
Medical Society.
In cooperation with the eorufnittee on
legislation, a special committee oi nine
will attend the special ses5on OF the
Legislature to convene Mt Dover, Monday
and present the assernblymen copies OF the
resolutions adopted. The cooperation
of the medical societies OF Kent and
Susscx counties will be asked IN the
movement.
The members last night heard the klair
amendment discussed from legal stand
point by Philip l.. Garrett, attorney, who
is Of the opinion that tho amendment IS IN
violation of the constitution OF Delaware,
which specifies that no restriction shall
be placed ON the sale Of alcoholic liquors
for medicinal purposes.
MIR. Garrett further declared that with
the ratification OF the 18th Amendment,
on March 20, 1918, and the provisions OF
the Voistead act, the laws OF Delaware
touching the manufacture and sale of
alcoholic became invalid lie also showed
that it wns not the purpose of the amend
ment TO the United States Constitution
| TO prohibit the use of alcohol for
medicinal or sacramental purposes, but
! solely rs n beverage That when
| the LegislatIp of Delaware ratified
| the amendment, IL adopted the Federal
| law as it read and had no legal night
| 20 read into the law provislone which the
| law itself did not contain. Under the
! Volstead act. he showed that physicians
and druggists were not prohibited from
using alcohol incidentally, IN fact the
| Federal government provided Tor the
issuing of permits to meet the contingency
and physicians and druggists applying
| for these permits were granted Their
requests, but when application was made
! 10 the State authorities for the State
permit the application ~ denied. That,
he said, showed an unwarranted conflict
between the Federal and the State laws.
BILL PRoposrp.
To correct tins Mr. Garrett offered the
/ County Medical Society suggestion
in the form OF bill to be submitted 10
the Legislature Tho draft reads. An
act Ia prohibit Intoxicating beverages
and 10 regulate The manufacture, pro-
fiurfion use and salo of high proof
spirits for other than beverages purposes
and To insure an ample supply of alcohol
and promote its use m scientific research
and IN tho development Of fuel. dye md
Other lawful Industries.
Passed nv The Senate and Houso OF
Representatives of the United States OF
America in Congress assembled, October
2S. A. ID. 1919, and to confer concurrent
power TO enforce the same upon the
several courts of this state.
BE it enacted by the Senate and Houzn
Of Representatives of the State s Delta
ware in General Assembly met:
sgCs ~. ~ s.y@f c}.s.1 F.f.
deemed 10 he an exercise of the power
granted by Article Is OF the Constitution
OF the United States of America and the
police power Of the State for the protection
! Of the public welfare, health, peace and
safety and morals of the people OF tins
State. and al of its provisions shall be
literally construed for the accomplish
! ment Of these purposes.
Section 2 That an act entitled Ar
Act TO prohibit Intoxicating beverages ano
20 regulate the manufacture, production
, use and sale of high proof spirits for Other
beverage purposes, etc, and passed b,
Senate and House of Representatives. o
the United States OF America IN COngress
assembled, October IS, 1919, Is hereby
, ratified by the Legislature of the State o
: Delaware and made a part of the statutes
| of the State of Delaware.
:, the powers of the peace officers and III.
i courts Of this State are provided on TIN
strength of the National Prohibition Ac
and persons found guilty of violating tn
prohibition law shall be punished accord
: ing to the provisions of that act
Section 5 reads" This entire act shal
! : continue In force and effect so long as tn
d Eighteenth Amendment 10 the Constitu
ton of the United States of America sha
be valid and effective and a part of tn
. Constitution of the United States c
y America. and no longer. And, all law
= of the State of Delaware hereinbefor
enacted, which provide for the manu-
). fact ure, sale, possession, or regulatio
- Of Intoxicating liquors arc hereby sus
!: pended and rendered nuil and void S
long as this act shall be In force an
effect; but no longer
= With the presentation of tins suggec
u ton. there arose the question OF the att
: tude of the critics who might charge tha
= the physicians and druggists were seekln
r to avoid the prohibition law. DR. Willar
u Springer declared that the physician
Z themselves could properly handle the Gas
a of any physician who trifled with th
Z; | rights of the reputable members of th
y profession and that when any physicia
, was found taking undue or unprofession;
advantage of the rights for which th
7 County Medical Society is contendlnl
\ that physician should be prosecutd {
:, the full extent OF the law aud the prosect
q ton aided by the reputable physicians
DIR. II W. Briggs said, IN support of I'll
y resolution which was later adopted, chs
= the need for alcohol was imperative. Thu
- for twenty-five years he had used it sp,
cessfully as a stimulant for patients wf
were passing through the Crisis of an IL
u ness, and that be knew of absolutel
nothing that would replace alcohol fC
this purpose. He went further and declare
). that he considered it an infringement
. the rights of the physicians when they wer
= prevented from prescribing and obtalnin
y for the patients alcohol when il wa
!. deemed necessary The Legislature,
: declared, may just as well enact laws I
?. prohibit the prescription of quinine, salo
"a or any other drug.
Let it be understood that the Count
Medical Society is unanimously In fave
of prohibition: what we do demand rs ii
0. right to prescribe for our patients and
in assured that our prescriptions may
et compounded He let IL be understood
w that the fight TO be made before the Legi
in lators next Monday should he mac
in vigorous lie considered it good time
a. make this fight now just before an election
j. The resolution that was adopted col
o. demns the nresent law because of /