New-York tribune., 1921-10-25
Beer, Wine and
LiquorLegalized
For Medical Use
Secretary Mellon Issues Reg
ulations Based on Rul-
ing That Was Made by
Attorney General Palmer
Protest Raised by Drys
Explanation Made Delay ON
Pending Measure in Con.
gress Forced This Step
From The Tribune's Washington Bureau

From The Tribune's Washington Bureau
WASHINGTON, Oct. 24.-Secretary
Of the Treasury Mellon late to-day
signed the discussed beer regula-
tions and they were made public by
Commissioner of Internal Revenue
Blair. They cover the manufacture and
sale of Intoxicating malt liquors for
medicinal purposes and the issue of
prescriptions therefor.
The regulations have been issued
against the wishes Of the drys, who
were much surprised. When it became
known this afternoon that the Treasury
Department. had determined no longer
to withhold them there was sharp pro-
test and criticism among dry leaders
in Congress-.
The regulations are based on the
ruling made in the closing days of the
last Administration by the Department
of Justice. headed at that time by A.
Mitchell Palmer, that the Volstead law
did not prohibit beer as a medicine.
Since that time the Treasury Depart
ment has been under pressure to issue
regulations based on this interpreta-
ton of the law, which, it is generally
conceded, is correct At the behest Of
the dry forces in Congress and out of
1t, however, the regulations, though
prepared months ago, have been held
back.
Latterly. Secretary Mellon has been
under stronger pressure than ever to
issue the regulations, and as it is by no
means clear when the anti-beer bill. or
Willis Campbell bill, will be. enacted,
he had little or no excuse for not do
ing SO.
The regulations technically are in
eHect now. They will be promulgated
to Federal prohibition directors Of the
states and other officials concerned
immediately.
Wayne B. Wheeler, general counsel
of the AntiSaloon League, predicted
that brewers would be able to comply
with all formalities and engage in
business under the regulations for only
about a week before the new beer
measure would be enacted, and said
that they would be able to sell only in
few states, as in many states the
state law would shut them out.
He held the issuance or the regula-
| Iioiio was lcSS ueieHSlDle because 1t
came at the eleventh hour; that the
beer would be used to supply boot
leggers, and that it was poor politics,
because it would displease the drys
and in the end disappoint the brewers.
Mr.. Mellon Explain.
In announcing that he had signed
the beer regulations, Secretary Mellon
said:
"The issuance of the beer regula-
tions was delayed originally because
it seemed probable that legislation
would be enacted whereby the action
Of the department would be of no prac-
tical advantage to those interested, and
this view appeared to be acquiesced in
by them, since there was at that time
no urgent demand for the issuance of
the regulations. However, for some
time it has been strongly urged by
those interested that this department
had no right longer to withhold the
regulations, and that in so doing the
department is denying to those in
terested their clear legal right and
thereby imposing serious loss upon
them. The legal rights of the parties
concerned being plain, the department.
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