The herald and news. [volume] (Newberry S.C.) 1903-1937, 1921-03-15
STATUS OF WHISKEY
FOR BEER AND WINES
One of Most Important Rulings
Since National Prohibition
Became Effective

" dSlIlllS tGlf, uciSA - ~
wines are given the same status as
whiskey under an opinion by the at
torney general made public today by
the bureau of internal revenue.
The ruling one of the most impor-
tant since the advent of prohibition,
makes it possible for all alcoholic
liquors to be used for medicinal and
other non-beverage purposes and for
all to be manufactured and sold for
the purpose subject only to limitation
of the Volstead act on non-beverage
intoxicants.
The opinion was written by for
mer Attorney General Palmer the
day before he retired from office, and
was in reply to a series Of questions
from internal revenue and prohlbi-
ton officials bearing on construction
of half dozen mooted sSoints in the
law.
Whether it will upset any regula-
tions of the revenue and enforcement
bureau had not been determined to-
night, Commissioner Williams of the
revenue bureau, saying he had not
had an opportunity to study the opin-
ions. -
There were many rumors afoat
that the opinion had wrecked plans
Of dry advocates to obtain further
restriction Of liquor sales. Officials
refused to comment on the report,
however, by Wayne B. Wheeler, gen.
erai counsel for the, iAnti-Saloon
league, issued statement in which
he said thai. SO states had state codes
prohibiting the prescribing of beer
for medicinal purposes. Mr.. Wheel
er declared the opinion was not. in
accord with thespurpose of the feder-
al law. ~ 49,
Intention Of Congress
Congress clearly did not intend to
attempt to legalize what the state
laws prohibit" Mr., Wheeler said.
'ghless the opinion is ,overruled con-
grsss should amend the law. 1t is
difficult Of courage 70 oyerrule it? be- !
cause the government. and the brew,
ers are on the same side Of the case
and ther:is no one who contests it, un-
less the new attorney general over
rules the opinion.o, on.,'...;s-,.s>,-,,,,. y ,.,.-.,
The opinion. appeared ambiguous in
some respects, officials said, and as
result they, were unsole to determine
insthe light of the ruling, to limit the
number Of prescriptions physician
specifies no merei than a pint per per-
son in teH day period. Mr.. Palmer
DECLARED hss3elieved the purpose of
congress to leave the physician un-
fettered bxe governmental control, |
yet he thought that regulations might !
properly restrict the amount to be
sold or any one prescription.
Judgment of Physicians.
Mr.. Palmer called attention to pro-
visions of the law which apparently
left the physician to act on his judg-
ment: He suggested then that when
a physician abused the privilege he
could be dealt with criminally, but /
added that in no cas-, should the
judgment of the physician be sup !
planted by that of enforcement Off
cials, a situation he believed would
result from regulations attempting
to control the use of prescriptions.
Replying to the question whether
the government could restrict the
number of permits in any state or
community, Mr.. Palmer explained
that the Folstead act to which per-
mits could be issued and had permit !
ted no discrimination between per-
sons within those classes. He said!
the Withholding of permits could not
be done legally even though officials
were convinced that fewer permits
would suffice in any given state orr
city.
Mr.. Palmer advised officials that
they had "ample authority to write
such regulations as they believed nee
essary to make certain the enforce
ment of the law" Dry advocates
stressed this statement declaring that
by it means would be found, which
would circumvent and handicap the
safe of beer and wines and would not
throw open the door to manufacture
to quantities of high alcoholic beer
again as anti-prohibitionists insisted.