New-York tribune., 1921-03-12
Status of Beer
To Be Decided
By Dauggl llerty
Early Review of Palmer
Ruling Promised as Rev
enue Bureau Prepares
to [ ssue Regulations
Volstead Still Undaunted
Enforcement of Law Easy
i'll Spite of New Inter-
pretation, He Contends

WASHINGTON, March 11.-Early re-
view by Attorney General Daugherty
of the recent ruling of Attorney Cen
eral Palmer making valid the prescrip-
tion of beer as medicine under the Vol
stead act is expected. Mr.. Daugherty
says he is aware that the "whole coun-
try" is interested and that he will give
the opinion careful study.
Regulations to accord with the opin-
ION handed down by Mr.. Palmer last
week are being drafted by officials Of
the Internal Revenue Bureau. but no
date has been set for them to become
effective.
Regarding the general subject Of pro-
hibtion enforcement, Mr.. Daugherty
says the Department Of Justice is not
seeking additional powers and that it
has not been suggested to him that his
department take over the enforcement
work now under the Treasury Depart
ment. He added he had his own per-
sonal views on the subject, but de-
clined to disclose them.
The Department of Justice was said
tonight by prohibition officials to have
refused to review its recent opinion
holding rans-shipments Of liquor from
one foreign country to another via
this country illegal and ships touching
at American ports with intoxicants
aboard to be violators of the national
prohibition act. The refusal was made
on the ground that search of the au-
thorities revealed no reason for re-
versal.
Request for the review was made
some weeks ago by the State Depart
ment, to which the British Embassy
made representations, and by the Treas
ury Department. The review was
asked because of the international
questions said to be- involved.
Beer and wine drinkers who SEE
visions of their favorite drink flowing
abundantly again as a result Of the
opinion by former Attorney General
Palmer, which has just been made
public, ar5S going to be disappointed, in
the opinion of Representative Andrew
j. Volstead of Minnesota, author of
the act bearing his name and chairman
of the Judiciary Committee of the
House. So far as the drinking person
is concerned he doesn't think there will
be any more beer and wine in the fu-
ture than there has been in the last
fourteen months.
Enforcement Rules Stand
The Palmer opinion has not been
brought officially to the attention Of
the prohibition enforcement officials,
according to information given by Mr..
Volstead. 1t has caused no change in
rules and regulations of enforcement
and probably will not so long as the
present Commissioner holds Office.
Mr.. Volstead agrees with the Palmer
opinion that beer and wine can be sold
/ by prescription for medicinal use. But
he denies they can be sold in any
quantity or that a physician can pre-
scribe for a year or two years indis-
criminately. He admits there is no
limitation on the number of permits
to physicians to prescribe and drug
gists to sell, but insists that this can
be held down easily by revoking per
mits for the slightest infraction of
the rules. He holds that permits to
manufacture can be limited under the
Volstead act to the number required
to produce the liquors for medicinal
purposes.
"In my opinion the law is all right
as it stands" Mr.. Volstead said. at is
up to the enforcing officer He can
make regulations that will limit the
use of beer and wine to medicinal pur-
poses. Of course, if this isn't done
/ Conpress will fly tho ia,yv